TERMS OF SERVICE AND USER AGREEMENT
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 18 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND SNEI, SONY COMPUTER ENTERTAINMENT INC., SONY COMPUTER ENTERTAINMENT AMERICA LLC, THEIR AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "SONY ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 18.
By accepting this Agreement, you agree to its terms and to abide by all SEN First Party Services policies. You agree that you will not directly or indirectly use SEN First Party Services (i) in any way for any commercial purpose, (ii) in any way that violates the law or the Community Code of Conduct, or (iii) in any way that harms or has the potential to harm SNEI, its affiliates, including its parent company, its subsidiaries, licensors, providers or partners or fellow SEN First Party Service users. You agree that you will not use any unauthorized hardware, including peripherals not sold, licensed or certified by a Sony company such as non-licensed game enhancement devices, controllers, adaptors and power supply devices (collectively, "Non-Licensed Peripherals") or unauthorized software to access or use SEN First Party Services or any content or service provided on or through SEN First Party Services.
1. ACCOUNT REGISTRATION
To access First Party Services, you must create a SEN Account. You may view content on certain Authorized Devices depending on your country/area of residence and the First Party Services you are using. "Authorized Devices" means your Authorized Download Devices and your Authorized Streaming Devices in relation to First Party Services. "Authorized Download Devices" means activated PlayStation®4 computer entertainment systems, PlayStation®3 computer entertainment systems, PSP® (PlayStation®Portable) handheld entertainment systems, PlayStation®Vita handheld entertainment systems, 4K Ultra HD Media Player systems, select personal computers, select mobile telephones, select tablets and other authorized download devices in relation to First Party Services. "Authorized Streaming Devices" means activated select televisions, select Blu-ray® Disc players, PlayStation®4 computer entertainment systems, PlayStation®3 systems and other authorized devices in relation to First Party Services. Through Music Unlimited, you may access content on activated PlayStation®4 systems, PlayStation®3 systems, PSP® systems, PlayStation®Vita systems, select personal computers, select mobile telephones, select televisions, select Blu-ray Disc players, select tablets and other authorized devices ("Music Unlimited Devices"). Through Video Unlimited, you may access content on all Authorized Streaming Devices and Authorized Download Devices (except the PlayStation®4 system, PlayStation®3 system, PSP® systems and PlayStation®Vita systems, for which video content is available through PSN) ("Video Unlimited Devices"). Through PSN, you may access content on activated PlayStation®4 systems, PlayStation®3 systems, PSP® systems and PlayStation®Vita systems if those systems are Authorized Devices for that content type ("PSN Devices"). Through PlayStation®Mobile, you may access content on PlayStation-Certified mobile devices ("PS Mobile Devices"). Through PlayStation Now, you may access content on activated PlayStation®4 systems, PlayStation®3 systems, PlayStation®Vita systems, and other select Authorized Streaming Devices ("PlayStation Now Devices").
You may also be able to participate in the online PSN community (including chatting via voice and video with your friends) and play games online. If you registered for an SEN Account that was or, in limited cases, is branded a "PSN" account, you will not have to create a separate SEN Account because your account will be transitioned into an SEN Account. SEN First Party Services may not be available, or may not be supported, in some countries and some languages. SNEI reserves the right to deny the creation of any account at its sole discretion. Currently, there is no charge to create an SEN Account, but there may be charges associated with certain online content or services available through SEN First Party Services. All information provided during account registration must be truthful and accurate. SNEI reserves the right to cancel any SEN Account that uses or that was created using untruthful or inaccurate information.
There are two types of accounts: Master Accounts and Sub Accounts. All accounts have an associated mailbox for receiving electronic text mail. If you have reached the legal age of majority, you can create a Master Account for yourself. Where available, each Master Account can create up to six (6) associated Sub Accounts. You are not permitted to create Sub Accounts for adults or persons under the legal age of majority who are not your children or for whom you are not the legal guardian. Your children must be of a certain age in order to have a Sub Account. Sub Accounts may not be available in all countries. Deletion or termination of a Master Account may result in the deletion and termination of all associated Sub Accounts.
A Master Account has access to and control over the following aspects of its Sub Accounts: (i) financial aspects; (ii) content availability and (iii) certain communication features. Text mail from SNEI that relates to a Sub Account's purchases will be sent to the mailbox of the associated Master Account. At its sole discretion, SNEI may send text mail to the Master Account relating to the Sub Account's other activities. The Master Account holder is jointly and severally legally and financially responsible for the actions of his or her Sub Account holders.
Master Account holders select their own sign-in ID and password and select the sign-in ID and password for each associated Sub Account. SEN Account holders may be required to select their own Online ID for PSN. After signing in to your SEN Account through a compatible web browser, you may continue to be signed in for up to 60 days. You may also have access to select SEN related sites and select Third Party Services without having to sign in. This will only apply to the web browser that you used when you sign-in. All users should safeguard their sign-in ID and password to prevent use by any other user. If you sign-in to your SEN Account on a device that may be shared with others, you should ensure that you sign-out from your account at the end of each session. If you do not sign-out, others may be able to access your SEN Account and perform actions on your behalf without knowing your password. Certain information, which may include the Online ID, real name, profile photo, "About Me" statement, avatar pictures, country/area of residence, preferred language and recently played game titles, may be provided to all SEN First Party Service users, including children. SNEI has no liability for any unauthorized usage of any account.
2. PARENTAL CONSENT AND PARENTAL CONTROLS
The Master Account may restrict the ability of a Sub Account to communicate with other SEN First Party Services users by setting the Restrict Chat option to "YES," which is the default setting. Please beware of limitations to the Restrict Chat option. With Restrict Chat set to "YES," your child still may receive text emails from PSN users, including adults, in your child's account mailbox in the PlayStation®3 system or via Group Messaging in the PlayStation®Vita system. The parent's Master Account will not be notified of text emails sent to a child's Sub Account mailbox. In addition, the Restrict Chat option may not apply to certain types of interactive features in game content that may be used to facilitate user communication. The Master Account may restrict a Sub Account from posting User Generated Media Content your child has created or viewing material posted by other users by setting the Restrict User Generated Media option to "YES". "User Generated Media Content" means content created by users that may include photos, videos, music, drawings and other content created or imported by users in games, apps and system software features. This will not prevent posting or viewing User Generated Media Content through chat or messaging (which is controlled by the Restrict Chat option stated above). As the parent or legal guardian, you are responsible for monitoring your child's access to or use of SEN First Party Services, as well as any communications made or received by your child on or through SEN First Party Services.
The Master Account may restrict a Sub Account's access to game and video content if the content is rated by using the Restrict Content setting. Some content may be objectionable to or inappropriate for some users, including children under a certain age, which may vary from country to country. Please consider your child's age and check any content ratings and descriptions where available, before you access, download or purchase access to any items or permit your child to do so. In some cases, third parties provide ratings or descriptions for items, and SNEI cannot guarantee the accuracy or completeness of such information. Not all content is rated.
Some content that you access on your PlayStation®4 systems, PlayStation®3 system, PSP® system, PlayStation®Vita system, other Authorized Device, other Music Unlimited Device or PlayStation Now Device may be accessible by all users of that system or device. Please monitor all access to content that may be objectionable or age inappropriate. Parental controls implemented through these devices may not apply to certain types of content that may be used to facilitate user communication, certain categories of downloadable content or certain categories of streamed material. Parental controls may also not apply to content that is not rated. Your child may not be able to access some content or play games rated for users older than his or her registered age. In some countries, parents and legal guardians with Master Accounts will be permitted to set their parental controls to override restrictions on certain materials for associated Sub Accounts. Please see the following websites for more information: http://playstation.com/ and http://sonyentertainmentnetwork.com/.
3. COMMUNITY CODE OF CONDUCT
You must adhere to the following rules of conduct, and also follow a reasonable, common-sense code of conduct. Users are required to take into consideration community standards and refrain from abusive or deceptive conduct, cheating, hacking, or other misuse of SEN. Rights of other users should be respected.
The actions that are prohibited include the following:
- You may not manipulate or inflate usage of SEN
- You may not engage in deceptive or misleading practices.
- You may not abuse or harass others, including stalking behavior.
- You may not take any action, or upload, post, stream, or otherwise transmit any content, language, images or sounds in any forum, communication, public profile, or other publicly viewable areas or in the creation of any Online ID that SNEI or its affiliates, in their sole discretion, find offensive, hateful, or vulgar. This includes any content or communication that SNEI or its affiliates deem racially, ethnically, religiously or sexually offensive, libelous, defaming, threatening, bullying or stalking.
- You may not organize hate groups.
- You may not upload, post, stream, or otherwise transmit any content that contains any viruses, worms, spyware, time bombs, or other computer programs that may damage, interfere with, or disrupt SEN.
- You may not use, make, or distribute unauthorized software or hardware, including Non-Licensed Peripherals and cheat code software or devices that circumvent any security features or limitations included on any software or devices, in conjunction with SEN, or take or use any data from SEN to design, develop or update such unauthorized software or hardware.
- You may not modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title, or content.
- You may not cause disruption to or modify or damage any account, system, hardware, software, or network connected to or provided by SEN for any reason, including for the purpose of gaining an unfair advantage in a game.
- You may not attempt to hack or reverse engineer any code or equipment in connection with SEN.
- You may not take any action that SNEI or its affiliates consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming, or otherwise transmitting any unsolicited or unauthorized material, including junk mail, spam, excessive mail or chain letters.
- You may not introduce content that is commercial in nature such as advertisements, solicitations, promotions and links to web sites.
- You may not introduce content that could be harmful to SNEI or its affiliates or their licensors, or players, such as any code or virus that may damage, alter or change any property or interfere with the use of property or SEN.
- You may not upload, post, stream, access, or otherwise transmit any content that you know or should have known to be infringing, or that violates, any third party rights, any law or regulation, or contractual or fiduciary obligations.
- You may not impersonate any person, including an SNEI or third party employee.
- You may not provide SNEI or any third party company with false or inaccurate information, including reporting false complaints to our or our affiliates' consumer services or providing false or inaccurate information during account registration.
- You may not sell, buy, trade, or otherwise transfer your Online ID, SEN Account or any personal access to SEN through any means or method, including by use of web sites.
- You may not conduct any activities that violate any local, state or federal laws, including copyright or trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud, stealing or using without purchasing, where payment is required, any content or service and distributing counterfeit software or SEN Accounts.
We and third parties may provide functionality allowing you to share your information, including your name, Online ID, profile, pictures, friends list, activities, gameplay and information on your purchases and content viewed, and to recommend your favorite content or services to your friends via the SEN First Party Services and select Third Party Services. Only share your information and send recommendations to friends who you know want to receive them and whose age is appropriate for the content or services you are recommending. If you are sharing the personal information of others, you may only do so with their consent. If you receive unwanted messages, ask the sender to stop. If they do not, you can add that person to your block list. See your system manual for more information.
4. ACCESS TO CONTENT
All content and services are provided to you by SNEI, including content created or published by third parties. Third parties may administer access to some content or services, including delivery, gameplay, community management or customer service. To enable third parties to provide such access to you, SNEI must provide them with your personal information. If you do not consent to allow us to share your personal information with third parties for the purpose of providing you with access to SEN First Party Services content, you will not be able to participate in any SEN First Party Services. In order to access certain content, you may be required to accept additional content-specific usage terms and conditions of SNEI or third party companies ("Usage Terms"). In the event of any conflict between this Agreement and the Usage Terms or any other terms and conditions in connection with SEN First Party Services or any disc-based product used with SEN First Party Services, this Agreement will control.
Your PlayStation®4 system, PlayStation®3 system, PlayStation®Vita system or other Authorized Device may be set to download content automatically from SEN First Party Services without notice to you if you sign into SEN First Party Services. This content may include featured content that we believe will be of interest to you such as game demos or content offered to you on a trial basis. Content delivered in this manner is subject to this Agreement's terms. You can change your device settings so that it does not download content automatically by setting the automatic download option to "OFF".
All access to content may only be purchased from SNEI using funds from a wallet associated with your SEN Account. Your wallet will be used to purchase content, licenses or services offered through SEN. All transactions made by the Sub Account or the Master Account must be made through the Master Account's wallet. A Sub Account does not have a separate wallet. Master Accounts can set a maximum spending amount for each Sub Account, effective at the beginning of the following month. A Master Account holder can fund the wallet up to a maximum amount determined by SNEI ("Limit"), using either (i) a credit or debit card; (ii) a prepaid card or promotional code with a specified value where available; or (iii) other payment methods approved by SNEI and made available from time to time in each specific country. SNEI HAS NO OBLIGATION TO REVERSE OR REFUND UNAUTHORIZED CHARGES MADE USING ANY AVAILABLE PAYMENT METHOD.
EXCEPT AS OTHERWISE PERMITTED BY APPLICABLE LAW OR AS EXPRESSLY PROVIDED IN THIS AGREEMENT, FUNDS ADDED TO THE WALLET ARE NON-REFUNDABLE AND NON-TRANSFERABLE. Wallet funds have no value outside SEN and can only be used to purchase access to content from SNEI through First Party Services and certain limited Third Party Services. Subject to applicable law, wallet funds that are deemed abandoned or unused by law will not be returned or restored.
6. PREPAID CARDS AND PRODUCT CODES
SNEI or its affiliates may provide prepaid cards that allow users to redeem content on SEN First Party Services or fund the wallet. The value of a prepaid card contributes to the Limit. If you acquire a prepaid card that has a value that, when added to the wallet's existing balance, exceeds the Limit, you will not be able to apply the value of the prepaid card to the wallet until sufficient funds have been spent from the wallet to allow the sum of the full value of the prepaid card and wallet to be equal to or less than the Limit. Except as permitted by SNEI, the Master Account wallet will only accept prepaid cards with currency value from the same country as the one designated for the Master Account.
SNEI, its affiliates or third parties may provide product codes which can be used to access content, including promotional content. Product codes may not be available in all countries or to all users, and age restrictions may apply. Some product codes must be used before a specified expiration date and in accordance with specified terms and conditions. Unless otherwise stated, product codes may be used once only by the recipient and may not be transferred or sold to any other person.
SNEI is not responsible or liable for any claims arising as a result of prepaid cards or product codes, including any problems or defects in connection with prepaid cards or product codes. Your use of the prepaid card is subject to this Agreement's terms. Additional terms and conditions may accompany the prepaid card or the product code.
All transactions made through your Master Account or an associated Sub Account are solely between you and SNEI. By completing a transaction through your Master Account or allowing a transaction to take place through an associated Sub Account, you are (i) agreeing to pay for all transactions made by the Master Account and its associated Sub Accounts, including recurring charges for subscriptions that are not cancelled; (ii) authorizing SNEI to deduct from the wallet and charge your credit card or other applicable payment instrument or payment mechanism all applicable fees due and payable for all transactions made by the Master Account and its associated Sub Accounts; and (iii) agreeing to any applicable Usage Terms and the terms and conditions associated with use of the particular content or service. To the extent permitted by applicable law, all transactions are final upon their completion and may be deemed to be governed by law and regulatory requirements applicable at the time the transaction was completed. You may have the option to order a license for certain content, including bundles of content such as seasons of television series, from the SEN First Party Services in advance of the time come or all of the content is first released for license via the SEN First Party Services. To the extent permitted by applicable law, we reserve the right to deduct funds from your wallet for any such pre-order or bundle order at the time of your request, but some or all of the content may not be available until it is released for license via the SEN First Party Services. You acknowledge and agree that content included in bundles is subject to change with or without notice, subject to applicable laws. YOU MAY NOT CANCEL A PRE-ORDER OR AN ORDER FOR A CONTENT BUNDLE AT ANY TIME AND REFUNDS ARE NOT AVAILABLE FOR PRE-ORDERS OR FOR CONTENT BUNDLES, SUBJECT TO APPLICABLE LAWS. Access to content is not transferable except as expressly allowed under applicable terms of service. Prior to completing a transaction, you are encouraged to review the description of the content or service you are licensing and the content itself, where available. On some devices, you may have the option to select a password or PIN to protect your credit card information at the time you complete a transaction. After selecting this option, you must enter your password or PIN to complete any future transactions with your credit card. Users should enable this function and safeguard their password or PIN to prevent others who may use the same device from being able to make purchases or access your credit card information. SNEI reserves the right to deduct from the wallet any fee, penalty or other charge resulting from a Master Account holder's request to the Master Account holder's credit card company or other payment processor to reverse charges relating to a transaction. SNEI reserves the right to deduct from the wallet all bank fees related to transactions made by the Master Account and its associated Sub Accounts, including domestic and international transaction fees. SNEI reserves the right to terminate the Master Account and all Sub Accounts associated with the Master Account for failure to complete transaction payments. In lieu of termination of the Master Account, SNEI may elect to provide a mechanism by which a Master Account may fund the wallet to prevent the Master Account and its associated Sub Accounts from being terminated. SNEI reserves the right to change or withdraw features, specifications, prices, services and content at any time, without notice to you. SNEI DOES NOT PROVIDE ANY REFUNDS IN THE EVENT OF A PRICE DROP, A SUBSEQUENT PROMOTIONAL OFFERING OR PRODUCT REMOVAL, AND THE FEE APPLICABLE TO YOUR TRANSACTION WILL BE THE FEE THAT WAS IN EFFECT AT THE TIME OF THE TRANSACTION. Special product, prices and promotions are no longer valid once they are changed or removed. Prices listed do not include sales tax. Applicable sales tax will be calculated and added at the time you complete a transaction. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of the transaction. To the extent permitted by applicable law, all transactions are subject to the laws of the State of California, County of San Mateo.
You may be able to make transactions only with a designated Sony regional company which is determined by your country/area of residence. Your country/area of residence may be verified by your credit or debit card number and may be rejected if the information does not match. If you are a Master Account holder, you will receive an email summary for each transaction after it is made, if you have given us a valid, current, operational email address. Please print and retain these emails for your records. You can view your transaction history in the account management area.
Errors in listed prices, product descriptions, and associated terms and conditions may occur. If we discover an error in the price of items you have ordered, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be cancelled.
Upon SNEI's confirmation of your transaction, you may access the item you ordered through your SEN Account that you used to order the item, until such time as SNEI removes the item or your license to access or use the item expires. We encourage you to download or access the item immediately after completing your transaction. You bear all risk of loss for accessing the content, including completing the download of any content, maintaining a continuous Internet connection with sufficient speed, ensuring that you have the necessary capabilities to view the content, including content provided in 4K ultra high definition ("4K UHD"), three dimension ("3D") or high definition format, and for any loss of content you have downloaded, including any loss due to a file corruption or hard drive crash. You are solely responsible if you do not choose to download or access the content before it is removed or your license expires, and for ongoing storage and safekeeping of the content. SNEI is not obligated to provide you with replacement copies for any reason.
If you do not have sufficient funds in your wallet to complete a transaction and you have previously entered your credit card information or another payment instrument or payment mechanism, we may automatically charge your credit card or the other applicable payment instrument or payment mechanism a minimum amount determined by SNEI ("Minimum Fee") to complete the transaction, even if the Minimum Fee exceeds the total amount of your order. Any difference between the Minimum Fee and the total amount of your order will be credited to your wallet. Additional procedures apply to subscription purchases. Please read Section 14 ("SUBSCRIPTIONS & FREE TRIALS") of this Agreement for details. PAYMENTS FOR ACCESS TO CONTENT OR SERVICES ARE NOT REFUNDABLE, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
8. LICENSE RESTRICTIONS AND CONDITIONS
Except as stated in this Agreement, all content and software provided through SEN First Party Services are licensed non-exclusively and revocably to you, your children and children for whom you are a legal guardian (collectively for purposes of this section, "You" or "Your"), solely for Your personal, private, non-transferable, non-commercial, limited use on a limited number of Authorized Devices in the country in which your account is registered. All intellectual property rights subsisting in SEN First Party Services, including all software, data, and content subsisting in or used in connection with SEN First Party Services, the Online ID and access to content and hardware used in connection with SEN First Party Services (collectively defined as "Property"), belong to SNEI and its licensors. This license and all use or access to Property is expressly conditioned on your compliance with this Agreement's terms, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws.
Your compliance with all of the following are express conditions of Your license to use or access the Property. You may not sell, rent, lease, loan, sublicense, modify, adapt, arrange, translate, reverse engineer, decompile, or disassemble any portion of the Property. Except as stated in this Agreement or as SNEI expressly permits by SNEI, you may not reproduce or transfer any portion of the Property. You may not create any derivative works, attempt to create the source code from the object code, or download or use any Property for any purpose other than as expressly permitted. You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with SEN First Party Services, Authorized Devices, or any of the content or services offered through SEN First Party Services. You may use the Property only on Authorized Devices. You acknowledge that SEN First Party Services and content or services provided through SEN First Party Services may contain security or technical features that will prevent use of such content or services in violation of this Agreement. Property is not licensed to you for resale, public performance, display, distribution or broadcast. Except as this Agreement expressly grants, SNEI and its licensors reserve all rights, interests, and remedies in connection with SEN First Party Services and the Property. Upon termination of this Agreement, Your Account, or license to any Property, You will immediately cease use of the Property and delete or destroy copies of the Property.
9. VIDEO CONTENT
You may use your SEN Account to order video content. Subject to this Agreement's terms and any additional applicable terms and conditions that are made available to you, SNEI licenses digital content, including recordings or live streams of sport, music concerts and other entertainment events ("Live Events"), television shows and movies (which together comprise "Video Content") to account holders in select territories for your personal, private, non-commercial viewing in your authorized territory, using a limited number of Authorized Devices during the authorized viewing period ("Authorized Term"). Video Content may be made available to you as a live or near-live stream ("Live Stream Content"), as a licensed copy for rental for a limited duration ("Licensed Rental Content"), a licensed copy for an indefinite duration ("Other Licensed Content") or as a licensed stream supported by advertising or promotional materials, which may be viewed for no upfront fee on an unlimited basis which may be for a limited duration ("Ad Supported Content"). Video Content may be offered on a subscription and on a single transaction basis. Use of Video Content is subject to certain digital rights management rules and this Agreement's terms. Except for rights explicitly granted to you, all rights in the Video Content are reserved by SNEI and its licensors.
Live Stream Content comprises live or near-live transmissions of Live Events and can be viewed at the time of, and simultaneously with the occurrence of the Live Events themselves. Live Stream Content may be available for an extended period ("Event Viewing Term") past the occurrence of the applicable Live Event. The Event Viewing Term and any applicable Usage Terms for Live Stream Content will be displayed to you prior to finalizing your purchase. You may select the Authorized Device on which you want to view your Live Stream Content, and you may be able to view it on only one Authorized Device at a time. You may access Live Stream Content at any point during the Live Event provided that you may be unable to view any part of the Live Stream Content which occurred prior to the start of your viewing. You acknowledge and agree that SNEI has no control over: (i) the start and finish time of a Live Event; (ii) the duration of a Live Event; or (iii) the content of a Live Event (including the quality or suitability of such content). The start times, duration and descriptions of Live Stream Content provided to you by SNEI are approximate only and may be subject to change.
You acknowledge and agree that certain streams and recordings of Live Events are hosted and delivered to you by SNEI's third party licensors, providers or partners ("Live Event Partners"). While SNEI endeavors to collaborate with reputable and professional Live Event Partners, SNEI cannot guarantee that such streams and recordings will comply with applicable laws, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay.
Your access to streams and recordings of Live Events may also be subject to, and you agree to comply with, the terms and conditions of Live Event Partners, which shall be made available by such Live Event Partner.
Ad Supported Content comprises Video Content which contains or is displayed with advertising, marketing or other promotional materials (together, the "Promotional Materials") and which may be accessed through Video Unlimited or through PSN by way of streaming only. Promotional Materials may be displayed in or around the Ad Supported Content by any means selected by SNEI or its Ad Supported Content Partners (defined below) from time to time in their sole discretion. By accessing a stream of Ad Supported Content you acknowledge and agree that such stream may include, comprise or be displayed with Promotional Materials which may delay or interrupt the playback of the Video Content. You agree that SNEI may prevent you from skipping or otherwise manipulating the display of Promotional Materials, and, if so, you agree not to attempt to access Ad Supported Content in any manner not prescribed by SNEI. SNEI does not endorse any third party advertisement or promotional material (including the Promotional Materials) associated with Ad Supported Content in any manner and gives no warranty or other assurance in relation to any products or services featured in such advertisements and promotional materials.
Ad Supported Content may be played back by way of online streaming (and may be accessible unlimited number of times) unless and until it is removed from Video Unlimited or PSN by SNEI. Ad Supported Content may be streamed for playback through your Video Unlimited Devices and PSN Devices provided that the Ad Supported Content may be limited such that it is accessible by only one Video Unlimited Device or PSN Device, at any one time.
You acknowledge and agree that certain Ad Supported Content may be hosted or delivered to you by or through SNEI's third party licensors, providers or partners ("Ad Supported Content Partners"). While SNEI endeavors to collaborate with reputable and professional Ad Supported Content Partners, except to the extent required by applicable laws, SNEI cannot guarantee that such content (including all associated Promotional Materials, corresponding meta-data, artwork and other peripheral materials) will be complete and accurate, comply with applicable laws, correspond to its description, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay.
Your access to Ad Supported Content (and streams of such content) may also be subject to, and you agree to comply with, the terms and conditions of Ad Supported Content Partners, which shall be made available by such Ad Supported Content Partner.
In consideration for the display and delivery of associated Promotional Material, Ad Supported Content will be delivered to you for no upfront fee or other sum being charged and the value of your wallet will not be reduced as a result of your access to such content in accordance with this Agreement. SNEI reserves the right to withdraw Ad Supported Content from Video Unlimited at any time without notice to you.
Licensed Rental Content will have a time period during which you can begin playback ("Rental Term"). The Rental Term and any applicable Usage Terms for each Licensed Rental Content item will be displayed to you prior to finalizing your rental payment. With the exception of Licensed Rental Content in 4K UHD format, once you begin playback of your Licensed Rental Content, that content is viewable for up to 24 hours or such other period notified to you prior to finalizing your rental payment ("Rental Viewing Period"). Licensed Rental Content in 4K UHD format is viewable for 24 hours (or such other period displayed to you prior to finalizing your rental payment) starting immediately after finalizing your rental payment ("4K Rental Viewing Period"). After the applicable Rental Viewing Period, 4K Rental Viewing Period or Rental Term ends, whichever occurs first, you will not be able to view the Licensed Rental Content unless you obtain an additional license for that content.
You may select the Authorized Device on which you want to view your Licensed Rental Content, but you may view it on only one Authorized Device at a time and in some cases on a limited number of Authorized Devices. For Video Unlimited, you may view the content from any one of your Video Unlimited Devices, except that in some cases if the Licensed Rental Content is in high definition or 3D format, it may not be viewable on some Authorized Streaming Devices and Authorized Download Devices. Licensed Rental Content in 4K UHD format may be downloaded solely to one 4K Ultra HD Media Player system and can only be viewed on a connected device that is capable of displaying such content. For PSN, you may view Licensed Rental Content from any one of your PSN Devices, except that if the Licensed Rental Content is in high definition, it may only be viewed on PlayStation®4 systems or PlayStation®3 systems which are Authorized Devices. If the Licensed Rental Content is in 3D format, it may be viewed on one PlayStation®3 system that is an Authorized Device. Licensed Rental Content may not be transferred between an Authorized Download Device and an Authorized Streaming Device. Because some devices may be both an Authorized Download Device and an Authorized Streaming Device, you may, in certain cases, be able to initiate a stream of Licensed Rental Content on one such device and subsequently download that Licensed Rental Content to that same device. However, if you download or begin to download Licensed Rental Content to a device that is both an Authorized Download Device and an Authorized Streaming Device, you may not subsequently stream that Licensed Rental Content.
For Licensed Rental Content in 3D, high definition and standard definition format, the Rental Viewing Period begins when you begin to stream the Licensed Rental Content or begin playback of a downloaded version of that content, whichever you do first. For Licensed Rental Content in 4K UHD format, the 4K Rental Viewing Period begins immediately after you confirm your rental payment. Once playback of Licensed Rental Content in high definition or standard definition format has started on an Authorized Streaming Device, you may not be able to view that content using any other Authorized Device without a separate license payment. For Licensed Rental Content in 4K UHD format, you are prohibited from viewing or transferring that content on any other Authorized Device, including other 4K Ultra HD Player systems, without a separate license payment. If you start playback of a downloaded version of Licensed Rental Content in high definition or standard definition format on an Authorized Download Device, the account that ordered the Licensed Rental Content may, during the Authorized Term, be able to transfer that content to a limited number of Authorized Download Devices, as described below.
Licensed Rental Content in standard definition format downloaded onto a PlayStation®3 system may be transferred to up to a total of three PSP® or PlayStation®Vita systems. Licensed Rental Content in standard definition format downloaded onto a personal computer may be transferred at any one time to up to one of a total combination of three PSP® systems, mobile telephones and tablets. Licensed Rental Content in standard definition format downloaded onto a PSP® or PlayStation®Vita system may be transferred to up to one PlayStation®3 system and Licensed Rental Content in standard definition format downloaded onto a PSP® may also be transferred to one of up to two personal computers. Licensed Rental Content in standard definition format downloaded onto a mobile telephone or tablet may be transferred to one of up to two personal computers. In all of the above cases, you may only transfer to one of the eligible Authorized Download Devices and following such transfer, the Licensed Rental Content will no longer be available on the sending Authorized Download Device.
Other Licensed Content can be downloaded to Authorized Download Devices and, where available, may also be streamed to Authorized Streaming Devices, subject to the terms of this Agreement. For Other Licensed Content that is downloaded, you may view such content for an unlimited number of times on Authorized Download Devices only. For Other Licensed Content that is streamed, you may be prohibited from streaming multiple titles of Other Licensed Content or multiple streams of a single title of Other Licensed Content from your SEN Account at any one time. SNEI RESERVES THE RIGHT TO LIMIT OR REMOVE THE AVAILABILITY TO STREAM OR RE-DOWNLOAD OTHER LICENSED CONTENT AT ANY GIVEN TIME WITHOUT NOTICE TO YOU. After ordering Other Licensed Content, we encourage you to immediately download such content, where supported, on all Authorized Download Devices on which you may want to later view such content. You may have the option, as available, to order, free of charge, high definition and/or standard definition versions of Other Licensed Content ordered in 4K UHD format, and such standard definition and/or high definition versions of Other Licensed Content will be subject to the terms of this Agreement. SNEI reserves the right to withdraw such option at any time without notice to you.
Other Licensed Content in standard definition format downloaded onto a PlayStation®3 system may be copied for use on up to three PSP® systems, that are Authorized Devices. Other Licensed Content in standard definition format downloaded onto a personal computer may be copied for use on up to a combination of three PSP® systems, mobile telephones and tablets, that are Authorized Devices. Other Licensed Content in standard definition format downloaded on to a PSP® or PlayStation®Vita system may be copied for use on up to one PlayStation®3 system and other Licensed Content in standard definition format downloaded on to a PSP® may be copied for use on up to two personal computers, that are Authorized Devices. Other Licensed Content in standard definition format downloaded on to a mobile telephone or tablet may be copied for use on up to two personal computers, that are Authorized Devices. Other Licensed Content in 3D or high definition format may be downloaded and viewed on only one PlayStation®3 system. Other Licensed Content in 4K UHD format may be downloaded solely to one 4K Ultra HD Media Player system that is an Authorized Device and can only be viewed on a connected device capable of displaying 4K UHD content.
You may have the option to order Video Content in 4K UHD, 3D, high definition and standard definition format. You acknowledge that delivery of content is dependent on variables not under SNEI's control, including the speed and availability of your broadband or network connection. You may experience delays or technical difficulties caused by or related to such variables. If you have ordered Video Content and view it using an Authorized Streaming Device, you may not be able to view content in the format that you have ordered due to such variables. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY CONTENT THAT YOU ARE NOT ABLE TO VIEW OR HAVE DIFFICULTY VIEWING DUE TO SUCH VARIABLES. We strongly encourage you to order content suitable for your viewing capabilities. You bear all responsibility for ensuring that you have the viewing capabilities to view content in the appropriate format or at all.
Proper activation of an Authorized Device by the account that ordered the Video Content is required for all downloads, transfers, copies and viewings. Video Content is connected to the account used to order that content. An account can activate no more than the maximum number of Authorized Devices, excluding 4K Ultra HD Media Players, regardless of the number of copies of Video Content ordered. Video Content may not be transferred from one account to another. You may not exceed the total number of accounts on any Authorized Device. Please refer to http://playstation.com/ and http://sonyentertainmentnetwork.com/ for more information on the total number of permitted SEN Accounts. SNEI reserves the right to limit the number of times an Authorized Device may be activated or deactivated.
Downloading or streaming is not permitted outside the Authorized Term. In addition, once Video Content has been downloaded or accessed, you may not be able to download it again without an additional license.
Some content such as movie trailers may not be representative of the actual feature presentation. Digitalized versions of some content may not be identical with the original formatted content or previously released versions of the same titled content.
Video output in certain formats may require additional equipment, sold separately.
10. PLAYSTATION®MOBILE CONTENT
Subject to this Agreement's terms and any additional terms for particular content, SNEI licenses content through PlayStation Mobile for your personal, private, non-commercial use in the United States on PlayStation-Certified devices. License payments for PlayStation Mobile content are made through the SEN Wallet. Additional software for licensing, using or managing PlayStation Mobile content may be required depending on the Authorized Device you use. Except for rights explicitly granted here, all rights in PlayStation Mobile content are reserved by SNEI and its licensors. Some PlayStation Mobile content may not be identical to the original formatted content or versions of other same-titled content.
11. MUSIC CONTENT
Music Unlimited is a subscription service. You may be given an opportunity to use Music Unlimited to receive music content ("Music Content") for your personal listening. Music Unlimited has certain features that are available without charge and other features that require you to pay fees in order for you to be able to use such features.
The compilation of Music Content available for listening and the features available on Music Unlimited may vary at any time. Certain features of and Music Content available through Music Unlimited are made available to you based upon where Music Unlimited determines you are physically located based upon your IP address. If you choose to use certain features of Music Unlimited, additional terms and limitations ("Additional Music Terms") may apply. Additional Music Terms or information about where to view Additional Music Terms are presented to you at either the time you choose to use those features or as part of the registration process necessary for you to use those features and you agree to be bound by Additional Music Terms.
Your ability to use Music Unlimited on Music Unlimited Devices may be dependent on you registering or providing certain information about Music Unlimited Devices or being connected online to the Internet and the playback or streaming of Music Content may be interrupted if you do not register, provide certain information about your Music Unlimited Devices or Music Unlimited Devices do not remain continuously connected online to the Internet. Some of Music Unlimited features require you to install and operate applications on some Music Unlimited Devices and failure to properly install and operate such applications will mean that you will not be able to use those features of Music Unlimited that rely upon such applications.
Music Content made accessible may only be played on one Music Unlimited Device at one time. Music Unlimited seeks to detect which Music Unlimited Device is receiving streamed Music Content and some of your Music Unlimited Devices may not receive streamed Music Content or may have a stream of Music Content terminated if Music Unlimited detects that you are playing streamed Music Content on another one of your Music Unlimited Devices.
You may elect to use features of Music Unlimited that will result in your historical use of Music Unlimited and music files on your Music Unlimited Devices being examined so that Music Unlimited can extract data about your use and other information about certain of your music files. This data is used to provide certain features of Music Unlimited to improve your experience using Music Unlimited and you consent to such music files and music history being examined.
No ownership rights in Music Content are transferred or assigned to you and all ownership rights in Music Content are retained by the owners of such rights. All rights granted to you regarding Music Content are granted to you personally and by license only. You are not given any rights to use any Music Content for any ringtones or in a manner that also requires a synchronization or public performance license with respect to the underlying musical composition of that Music Content. You are prohibited from reproducing, modifying, publicly broadcasting, repurposing or distributing any of the Music Content.
12. COMIC CONTENT
Subject to the terms of this Agreement and any additional terms and conditions for the particular content, SNEI licenses to SEN Account holders digital comic book content ("Comic Content") for your personal, private, non-commercial viewing in the United States on up to three activated PSP® or PlayStation®Vita systems. Additional software for viewing Comic Content may be required. Except for rights explicitly granted here, all rights in Comic Content are reserved by SNEI and its licensors. Some Comic Content may not be identical with the original formatted content or versions of the same titled content not provided by SNEI.
13. PLAYSTATION™NOW CONTENT
Subject to this Agreement's terms and any additional terms for the particular content, SNEI offers interactive entertainment and gaming content through PlayStation Now ("PlayStation Now Content") to account holders in select territories for your personal, private, non-commercial use on PlayStation Now Devices. PlayStation Now Content may be offered in different forms, such as on a subscription and on a single transaction basis. License payments for PlayStation Now Content are made through the wallet. Additional software for licensing, using or managing PlayStation Now Content may be required depending on the Authorized Streaming Device you use.
PlayStation Now Content available for use and the features available on PlayStation Now are subject to change and revision at any time. Certain PlayStation Now Content and features made available to you are based on the IP address used by the PlayStation Now Device at the time you access the service. If you choose to use certain features of PlayStation Now, additional terms and limitations may apply.
PlayStation Now Content offered on a single transaction basis is licensed for a limited time during which you will need to begin access and play ("Play Period"). The Play Period for PlayStation Now Content will be made available to you prior to finalizing your payment. Once you finalize payment, that PlayStation Now Content is made available to you as a licensed copy for rental only for period that you purchased ("Rental Period"). After the applicable Play Period or Rental Period ends, whichever occurs first, you will not be able to access or use that PlayStation Now Content unless you obtain an additional license for that PlayStation Now Content.
You acknowledge that delivery and use of PlayStation Now Content, including during the entire Rental Period, is dependent on variables not under SNEI's control, including the speed and availability of your broadband connection, your geographic location, and the availability of PS Now servers. You may experience delays or technical difficulties caused by or related to these variables. The use of PlayStation Now Content may be interrupted if you do not register, provide certain information about your PlayStation Now Device or your PlayStation Now Device does not remain continuously connected online to the Internet. Some of PlayStation Now's features may require you to install and operate applications on your PlayStation Now Device. Failure to properly install and operate these applications will prevent you from using those features of PlayStation Now that rely upon these applications. SNEI cannot guarantee that streams of PlayStation Now Content will be delivered uninterrupted, error-free and without fault or delay. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY PLAYSTATION NOW CONTENT THAT YOU ARE NOT ABLE TO USE OR HAVE DIFFICULTY USING DUE TO THESE VARIABLES AND CONDITIONS.
PlayStation Now Content may only be used on one PlayStation Now Device at a time and in some cases on a limited number of PlayStation Now Devices. PlayStation Now seeks to detect which PlayStation Now Device is receiving PlayStation Now Content and some of your PlayStation Now Devices may not stream or may have a stream terminated if you are using content on another one of your PlayStation Now Devices.
No ownership rights in PlayStation Now Content are transferred or assigned to you and all ownership rights in PlayStation Now Content are retained by the owners of those rights. Except for rights explicitly granted here, all rights in PlayStation Now Content are reserved by SNEI and its licensors. Some PlayStation Now Content may not provide the same features or be identical to the original formatted content or versions of other same-titled content.
14. SUBSCRIPTIONS & FREE TRIALS
SNEI may offer you the opportunity to purchase, order or download subscriptions that provide access to particular products or services for a specified period of time. Subscriptions renew automatically unless you cancel the subscription. The cost of each subscription will automatically be deducted from your wallet at the beginning of each subscription term without further notice to you. Subscriptions are available to Master Accounts and may be available to Sub Accounts for purchase, order or download, provided that the Master Account accepts the terms and conditions of the subscription for an associated Sub Account. Subscriptions may not be shared among any SEN accounts, including the Master Account with its associated Sub Accounts. However, some game content and features that are made available for certain subscriptions may be accessible by other users of the home Authorized Device of a subscriber or an Authorized Device where a subscriber is logged in.
Some subscriptions may be single-product- or service-specific, while other subscriptions may be comprised of several content items, services or features, which may include special offers, discounted, free, paid-for, exclusive or early access content or automatic download of selected content. Individual content items and service within a composite subscription may also be offered for sale separately as a one-time order or single-product-specific subscription. Subscription charges may be increased at the end of each subscription term. As each product offering will have terms and conditions that vary, please review each product description, cost and subscription term carefully before order, payment or download. As with all orders, please print and retain a copy of your email order receipt for your reference.
If you do not have sufficient funds in your wallet to cover the cost of your subscription at the time the subscription is renewed, the subscription will be cancelled unless the automatic funding feature on the Master Account is set to "ON." If the automatic funding feature on the Master Account is set to "ON," your credit card or other applicable payment instrument or mechanism may be charged automatically the greater of the subscription cost or the Minimum Fee. Every time you or one of your associated Sub Accounts purchases, orders or downloads a new subscription, the automatic funding feature in the Master Account is set automatically to "ON." The Master Account holder may change this setting to "OFF" at any time. However, the setting will return to "ON" upon subsequent purchase, order or download of any subscription, so setting your automatic funding feature to "OFF" may not effectively cancel your subscription. In order to stop receiving a subscription and avoid being charged, you must cancel your subscription in the Account Management area.
If you no longer wish to receive your subscription, you must cancel your subscription by using account management or contacting customer service at www.sonyentertainmentnetwork.com/support or the address located at the end of this Agreement. Cancellation will take effect at the beginning of the next subscription term. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, UPON CANCELLATION OF YOUR SUBSCRIPTION OR TERMINATION OF THE MASTER ACCOUNT OR SUB ACCOUNT, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY SUBSCRIPTIONS FOR WHICH YOU HAVE PAID. Further, you will not be able to access content or services provided in your subscription except as permitted by SNEI. Content that you downloaded onto a device and that was provided to you through a subscription at no additional cost beyond the subscription price may not be accessible. Game play information, including trophies earned during a trial offer, promotional period or subscription term may not be available.
SNEI may also offer a free trial period with some subscriptions. Subject to the terms and conditions of the free trial offer, if you do not cancel your subscription before expiration of a trial period, your wallet may automatically be charged the cost of the subscription at the beginning of each subscription term without further notice to you. To avoid being charged, you must cancel your subscription prior to expiration. Please review all terms and conditions carefully before you accept any offer or promotion.
15. MAINTENANCE AND UPGRADES
From time to time, it may become necessary to provide certain content to you to ensure that SEN First Party Services and content offered through SEN First Party Services, your PlayStation®4 system, PlayStation®3 system, the PSP® system, PlayStation®Vita system, 4K Ultra HD Media Player system or other authorized hardware is functioning properly. Some content may be provided automatically without notice when you sign in. Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities. Such upgrades or updates may be provided for system software for your PlayStation®4 system, PlayStation®3 system, the PSP® system, PlayStation®Vita system, 4K Ultra HD Media Player system or other authorized hardware. Access or use to any system software is subject to terms and conditions of a separate end user license agreement. You authorize SNEI to provide such content and agree that SNEI shall not be liable for any damages, loss of data or loss of functionalities arising from provision of such content or maintenance services. It is recommended that you regularly back up any archivable data located on the hard disk.
16. USER MATERIAL AND INFORMATION
You may have the option to create, post, stream or transmit content such as pictures, photographs, game related materials, or other information ("User Material") through PSN to share with others on PSN or select Third Party Services, provided no rights of others are violated. To the extent permitted by law, you authorize and license SNEI a royalty free and perpetual right to use, distribute, copy, modify, display, and publish your User Material for any reason without any restrictions or payments to you or any third parties. You further agree that SNEI may sublicense its rights to any third party, including its affiliates and subsidiaries. You hereby waive, to the extent permitted by applicable law, all claims, including any moral or patrimonial rights, against SNEI, its affiliates and subsidiaries for SNEI or any third party's use of User Material. By creating, posting, streaming, or transmitting any User Material, you represent and warrant that you have the appropriate rights to use, create, post, distribute, and transmit User Material and to grant SNEI the foregoing license. You further agree to cooperate with SNEI in resolving any dispute that may arise from your Information or User Material. SNEI reserves the right to remove any Information or User Material at its sole discretion.
17. TERMINATION / CANCELLATION
If SNEI determines in its sole discretion that you or your associated Sub Accounts have violated any term of this Agreement, the Usage Terms, or any other terms and conditions connected with SEN First Party Services or have otherwise injured or damaged the SEN First Party Services community, SNEI may take all actions to protect its interests, including termination or suspension of your SEN Account (both the Master Account and any associated Sub Accounts), automatic removal or blockage of content, implementation of upgrades or devices intended to discontinue unauthorized use, permanent or temporary disablement of any system or device through which you receive SEN First Party Services or reliance on any other remedial efforts as necessary to remedy the violation. If the violation is in connection with content that you or your Sub Accounts have accessed, you must immediately cease use of such content and delete all copies from all of your devices. UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, YOU WILL NOT RECEIVE A REFUND FOR ITEMS (INCLUDING SUBSCRIPTIONS AND PRE-PAID PRODUCTS OR SERVICES), VALUE ACCUMULATED ON IN-GAME ITEMS OR ANY UNUSED BALANCE IN YOUR WALLET EXCEPT AS REQUIRED BY LAW OR AS EXPRESSLY PROVIDED IN THIS AGREEMENT. After your account is terminated, you will not be able to access SEN First Party Services. Any game ranking or scores, or information in connection with SEN First Party Services will not be retained or accessible by you or your associated Sub Accounts. In some situations, we may suspend or terminate your Master Account, but permit you to retain your associated Sub Accounts. If you do not terminate your Sub Accounts, you will be liable for all their acts. You may not alter any of the settings on your Master Account, including parental control settings placed on your Sub Accounts prior to the termination or suspension of your Master Account. Your Sub Accounts will be permitted to use the remaining funds in your wallet provided that the Sub Account has not exceeded the limit you placed on the Sub Account. Additionally, you will not receive further correspondence from SNEI about your Sub Accounts, including purchases made by your Sub Accounts. SNEI reserves the right to bring legal action and to participate in any government or private legal action or investigation relating to your conduct, which may require the disclosure of your information. Unless as otherwise stated in this Agreement, SNEI, at its sole discretion, may indefinitely suspend, or discontinue any and all online access to content at any time, including for maintenance service or upgrades, without prior notice or liability.
18. BINDING INDIVIDUAL ARBITRATION
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and any Sony Group entity regarding any SEN First Party Services or the use of any devices sold by a Sony Entity to access SEN First Party Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 18 (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any Sony Entity or any of a Sony Entity's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below. Other than those matters listed in the Exclusions from Arbitration clause, you and the Sony Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 18, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND THE SONY ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A SONY ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 18.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 18, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR SEN FIRST PARTY SERVICES ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY SONY ENTITY, YOU MUST SEND WRITTEN NOTICE TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: SONY LEGAL DEPARTMENT: DISPUTE RESOLUTION" TO GIVE SNEI OR THE SONY ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Sony Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the Sony Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section 18.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the Sony Entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 18 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by the Sony Entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the Sony Entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Sony Entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the Sony Entity you have a Dispute with may initiate arbitration in either San Mateo County, California or the United States county in which you reside. In the event that you select the county of your United States residence, the Sony Entity you have a Dispute with may transfer the arbitration to San Mateo, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this Section 18 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 18, and the remainder of this Section 18 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 18 will be unenforceable, and the Dispute will be decided by a court and you and the Sony Entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This Section 18 shall survive any termination of this Agreement or the provision of SEN First Party Services to you.
19. GOVERNING LAW AND JURISDICTION
YOU AND SNEI AGREE THAT THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTE BETWEEN YOU AND THE SONY ENTITIES. ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA.
20. GENERAL LEGAL
SNEI, at its sole discretion, may modify the terms of this Agreement at any time, including imposing a fee for creating SEN accounts. By accepting this Agreement or by accessing SEN First Party Services, you agree to be bound by all current terms of the Agreement. To access a printable, current copy of this Agreement, go to http://www.sonyentertainmentnetwork.com/ on your personal computer. If material changes to this Agreement are made, you will be notified by e-mail or other communication when you sign in to SEN First Party Services. If necessary, you will be given additional choices regarding such change(s). Your continued use of SEN First Party Services, including use of your associated Sub Account(s), will signify your acceptance of these changes. If you do not accept material changes to the Agreement, contact us to terminate this Agreement and your account(s).
This Agreement shall inure to the benefit of the parties, including any successors in interest of SNEI. SNEI has the right to assign any and all of its rights and obligations hereunder to any affiliate(s) or to any company in the Sony family group of companies. In addition to the benefits obtained by Sony Computer Entertainment America LLC under Section 18, Sony Computer Entertainment America LLC is a third party beneficiary of this Agreement.
If any provision of this Agreement is held illegal or otherwise unenforceable by a court of competent jurisdiction, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect.
Except as otherwise required by applicable law, this Agreement shall be construed and interpreted in accordance with the laws of the State of California applying to contracts fully executed and performed within the State of California. Except as otherwise required by applicable law, both parties submit to personal jurisdiction in the state courts of San Mateo County, California and the federal courts of the Northern District of California. In the event of litigation to enforce any part of this Agreement, all costs and fees, including attorney's fees, shall be paid by the non-prevailing party to the extent permitted by applicable law.
21. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
No warranty is given about the quality, functionality, availability or performance of SEN First Party Services, or any content or service offered on or through SEN First Party Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. SNEI does not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this Agreement, SNEI expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SNEI assumes no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM SEN FIRST PARTY SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND SNEI'S MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO SEN FIRST PARTY SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, SNEI EXCLUDES ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP® (PLAYSTATION®PORTABLE) SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING SEN FIRST PARTY SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. You acknowledge that SEN First Party Services may require an internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third party fees associated with your internet connection, including but not limited to internet service provider or airtime charges. The provision, quality and security of such internet connectivity are the sole responsibility of the third party providing such service. Authorized Devices sold separately.
PLEASE CONTACT SONY COMPUTER ENTERTAINMENT AMERICA LLC CONSUMER SERVICES FOR FURTHER INFORMATION OR QUESTIONS VIA OUR WEBSITE http://us.playstation.com/support/ask/ OR BY PHONE AT 877-971-7669 OR AT THE FOLLOWING ADDRESS: SONY COMPUTER ENTERTAINMENT AMERICA LLC CONSUMER SERVICES DEPARTMENT, P.O. BOX 5888, SAN MATEO, CALIFORNIA, 94402-0888, UNITED STATES OF AMERICA. YOU MAY ALSO CONTACT US FOR FURTHER INFORMATION ON SEN VIA OUR WEBSITE http://www.sonyentertainmentnetwork.com/support OR BY PHONE TOLL FREE AT 855-999-7669 OR AT THE FOLLOWING ADDRESS SONY NETWORK ENTERTAINMENT INTERNATIONAL LLC CONSUMER SERVICE, 6080 CENTER DRIVE, SUITE 1000, LOS ANGELES, CALIFORNIA, 90045, UNITED STATES OF AMERICA.
IN ORDER TO CONTACT US BY PHONE FROM LATIN AMERICA, PLEASE USE THE FOLLOWING:
Brazil: 0800-880-7669 (from outside Brasilia)
Brazil: 4003 7669 (inside Brasilia)
Chile: 800-261-800; (56)(2)7546333
Colombia: Bogotá: 3581251; Nacional: 01-8000-94-00-11
Mexico: 01 800-759-7669; 5002-9819
Peru: 0-801-1-7000; (51)(1)201-2600