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These Terms of Use set forth the terms and conditions on each service provided through “Sony’s Cloud Service for Home Entertainment & Sound Products” (collectively, the Service) by Sony Corporation (“Sony”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. YOU WILL BE REQUIRED TO ACCEPT THESE TERMS OF USE IN ORDER TO USE THE SERVICE.
These Terms of Use are comprised of (a) all terms and conditions set forth herein; (b) all operating rules and policies that are published through the Service from time to time; (c) License Information and Notice on License Software; and (d) the Privacy Policy for “Sony’s Cloud Service for Home Entertainment & Sound Products” Account (which can be found at https://www.sony.net/cloud-service-for-hes/privacy/), each as modified from time to time. In light of the evolving nature of web-based offerings, Sony may post a notice or broadcast messages through the Service, to inform you of changes to these Terms of Use, the Privacy Policy for “Sony’s Cloud Service for Home Entertainment & Sound Products” Account (which can be found at https://www.sony.net/cloud-service-for-hes/privacy/), the Service, or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to these Terms of Use shall be effective immediately upon posting of the notice or broadcast of the message. Your continued use of the Service after such notice or broadcast will reaffirm your agreement to be bound and to abide by these Terms of Use as amended.
Sony may add to, delete from, modify or terminate the Service. Unless explicitly stated otherwise, any new text, content, file, data, product, services, information, software, software tool or other feature that augments or enhances the current Service will be subject to these Terms of Use.
You may use the Service only for your personal, non-commercial use.
In order to use the Service, you must first have signed up for and maintain a login account for the Service (“Service Account”). To setup a Service Account you may use an existing login account designated by Sony (e.g. “Sony account”, “Google Account”, “Apple ID”, “Facebook account” and/or “Amazon account”; each “Account”). If you register a new Service Account, you will be asked to provide certain information (such as your email address) as further described in the Privacy Policy (which can be found at https://www.sony.net/cloud-service-for-hes/privacy/) and to create a password, as part of our security procedures. You must treat such password as confidential and you must not disclose it to any third party. We have the right to disable any Service Accounts and/or passwords, at any time, if you have failed to comply with any material provision of these Terms of Use. If you know or suspect that anyone other than you knows your Service Account login details, you must immediately notify Sony at https://www.sony.net/SonyInfo/Support/. You are responsible for any unauthorized use of your Service Account login details. You agree to notify Sony immediately if you become aware of any unauthorized login to your Service Account.
The Service is provided to you for free. Sony may, at its discretion, elect to modify, delete, reduce, augment, discontinue, or terminate 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 or termination.
The Service is licensed, not sold, to you. Everything on or used in the Service, including the design, format, expression, “look and feel,” text, images, graphics, logos, audio and video content, and software —with the exception of third party content — is owned by Sony or our affiliates, subsidiaries, licensors, suppliers, or other parties. Using the Service does not give you ownership of any intellectual property rights in the Service. We reserve all rights to the Service (except for certain rights in third party content) other than those provided clearly by these Terms of Use or by law.
Everything included in Service is protected by copyright and trademark laws. You cannot use the Service, except as specified in our Terms of Use.
You agree to follow all instructions limiting the way you use the Service. The Service features a number of logos, service marks, and trademarks that belong to Sony and third-party service providers. By making them available, we are not granting you any license to use those logos, service marks, or trademarks outside of the Service.
Any unauthorized use of the Service may be breaking the law. It also violates our Terms of Use.
The Service may utilize third-party service providers. We do not review, warrant, or endorse third-party content. If you elect to use a third-party service provider accessible or referenced in the Service, you agree to do so in accordance with the third-party’s terms and conditions.
It is Sony’s policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations.
The Service, including all content, products, services and information made available or accessed through the Service, are provided “AS IS” with no warranties of any kind, unless you are a User in Australia or New Zealand, in which case certain consumer guarantees apply under local consumer laws in these countries which cannot be excluded, restricted or modified (see section 10 below for further detail). Uploading, downloading or transmitting any data through the use of the Service is at your own risk and in your sole discretion. You will be solely responsible for any damages to your smartphone, computer system or loss of data, or any other damages that result from such uploading, downloading or transmittal, or otherwise.
Sony makes no representation or warranty of any kind that:
(a) the Service will meet your requirements; (b) defects in the software for the Service will be corrected; (c) the Service will be timely, secure, error-free or uninterrupted; (d) the Service or any content, product or information provided in connection with the Service are accurate, correct, reliable or complete; (e) the User Data uploaded or stored through the Service will not be altered, deleted or damaged, or will be available for access, upload or download at all times or indefinitely; (f) any particular result may be obtained from the use of the Service; (g) the Service is free of viruses or other components that may infect, harm or cause damage to computer equipment, data, software or any other property when you access, browse, download from, upload to or otherwise use the Service; or (h) the Service or any content, product or information provided in connection with the Service will continue and/or not be terminated,
unless you are a User in Australia or New Zealand, in which case certain consumer guarantees apply under local consumer laws in these countries which cannot be excluded, restricted or modified (see section 10 below for further detail).
Sony expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on or available through the Service. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you (this includes Users in Australia or New Zealand, see section 10 below for further detail).
Even if Sony or any of its authorized representatives or suppliers have been advised of the possibility of such damages, under no circumstances (including, without limitation, their negligence) shall Sony, its authorized representatives or suppliers be liable for any direct, indirect, consequential, 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: (a) the quality, reliability, accuracy or completeness of the Service; (b) any modification, alteration, publication, display, failure to store, failure to index, loss, deletion, loss of access or damage of or to your User Data, smartphone or computer equipment, software, data or any text or file or other materials that results from your use of the Service; (c) 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) the Service, User Data or any content, products, services or information provided in connection with the Service; (d) any failures, delays, mis-deliveries or interruptions in the Service or any content, products, services or information provided in connection with the Service; (e) any harm resulting from downloading or accessing any User Data or any other services or information provided in connection with the Service; (f) any unauthorized access to or alteration of User Data or any breach of security related to any server used by the Service; or (g) the cost of procurement of any substitute goods or services.
Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and therefore, the above limitation of liability may not apply to you. Some Users may have additional rights, including Users in Australia or New Zealand (see section 10 below).
If, despite the above limitations, Sony, its representatives and/or suppliers were found responsible to a User for any reasons whatsoever, this liability will not exceed in aggregate liability ten thousand Japanese Yen (\10,000), unless you are a User in Australia or New Zealand, in which case this limitation does not apply, and your rights will be those set out in the consumer laws of those countries (see section 10 below for further detail).
Goods and Services supplied in Australia and New Zealand are covered by consumer laws which give consumers certain statutory rights. These include certain consumer guarantees in relation to supplied goods and services that cannot be excluded, restricted or modified. In addition, these laws do not allow for excluding or limiting incidental or consequential damages where these are available to a consumer as a remedy for a breach of one or more of the consumer guarantees. Your rights under these laws as an Australian User are contained in the Australian Consumer Law, in schedule 2 of the Competition and Consumer Act 2010 (“Australian Consumer Law”), and your rights as a New Zealand User are contained in the Consumer Guarantees Act 1993 (“CGA”).
Accordingly, the restriction or limitation on warranties, and exclusion or limitation of incidental or consequential damages in these Terms of Use do not limit your rights under the Australian Consumer Law (Australian Users) or CGA (New Zealand Users).
It is Sony’s policy to respect the privacy of its customers. Any use of personally identifiable information will be in accordance with the Privacy Policy for “Sony’s Cloud Service for Home Entertainment & Sound Products” Account. For more information, please see Privacy Policy for “Sony’s Cloud Service for Home Entertainment & Sound Products” Account (which can be found at https://www.sony.net/cloud-service-for-hes/privacy/).
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, pandemics, epidemics, outbreaks, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties.
If you object to any portion of these Terms of Use or any subsequent modification thereto, or become dissatisfied with the Service or any materials, data, text, images, video, audio, music, sound or other content provided through the Service, or any transaction entered into through the Service, your only recourse is to immediately discontinue use of the Service and notify Sony of such termination. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of these Terms of Use, or any dissatisfaction with the Service.
Sony reserves the right, in its sole discretion, to terminate your use of the Service or to edit, delete or remove any User Data without prior notice for any reason or no reason in its sole discretion.
Any termination under any provision of these Terms of Use may be effected without prior notice, and Sony may immediately delete and discard all of your User Data, and/or bar any further access to such files through the Service. Upon any termination of these Terms of Use, your right to use the Service will immediately cease. Sony will have no obligation thereafter to host or provide access to your User Data, or to forward any materials stored through the Service or any unread or unsent messages. Sony may retain certain materials for administrative and other reasons.
These Terms of Use shall be governed in all respects by the laws of Japan without reference to any choice or conflict of laws principles, and unless applicable law provides otherwise all parties shall submit to the exclusive jurisdiction of the District Court of Tokyo, Japan.
If a court of competent jurisdiction holds that any provision of these Terms of Use is illegal, unenforceable or contrary to law, such provision shall be construed as nearly as possible to reflect the original intent of these Terms of Use, with the other provisions remaining in full force and effect.
Any failure by Sony to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such rights or provision unless Sony acknowledges and agrees to it in writing.
Sony may assign these Terms of Use to any third party at its sole discretion. You may not assign or sublicense the rights granted under these Terms of Use without the prior written authorization of Sony.
You and Sony agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose or such cause of action is permanently barred.