Date of Last Revision: 1 October 2016
[ Language : English ]
In addition, usage of the Service may require usage of other third party services, which has its own terms and conditions for usage. Please be sure to check, prior to using the service, such terms and conditions applied to the usage of such third party services.
The Service is available only to residents of New Zealand; provided that the Service may not be available for those under the age of fourteen (14) or may be subject to parental control.
(2) In order to use the Service, you must first establish a user account by providing Sony with complete and accurate information requested by Sony. In addition, the Service may be used with the user accounts of services operated by third parties, which service may be separately designated by Sony. Each individual is authorized to have only one (1) user account for membership of the Service (the “Membership”). You may not use any other party’s ID when using the Service.
(3) You must promptly notify Sony, in a form separately designated by Sony, should there be changes to the information you provide to us hereunder. You may not assign your Membership to any third party.
2. THE SERVICE
(1) The term “Service” used herein includes any and all functionality made available by Sony on or through the application under the name of “News Suite (Socialife)”. Sony may add to, delete from, or modify the Service at its sole discretion. 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 this Term. Special terms related to photo or audiovisual storage and/or usage of other third party services may apply accordingly, as the case may be. By using the Service, you may have access to certain social networking services of third parties designated by Sony (the “Third Party SNS Services”) and third party content delivered through real simple syndication (“RSS Feeds”). In addition, you may post, display and share with third party users of the Third Party SNS Services, any member content for such Third Party SNS Services (the “Member Content”) by uploading such Member Content to the Third Party SNS Services through the server which is used for the Service (“Service Server”). “Member Content” may include your own images, videos, data, text and/or other materials or those of other parties which you have received a valid right to pursue the actions contemplated in connection with the Service hereunder. Any Member Content which is image and/or video will be uploaded to the Service Server subject to the conditions set forth in Section 8(2) below.
(2) You acknowledge and agree that you are solely liable for the preparation of any equipments and bearing of any costs required in connection with the usage of the Service.
(3) The Service is not available to corporations or other business entities and is provided only to individuals.
(4) The Service may run advertisements and promotions of Sony, Sony Corporation, its subsidiaries, affiliates or third parties.
3. LINKS TO NON-SONY SERVICES
4. MEMBER CONTENT
(1) You represent and warrant that: (a) you have the right to agree to this Term; (b) you have the right to post, upload and display the Member Content through the Service; (c) you have the right to grant the licenses granted by you under this Term; and (d) the use by Sony of the rights you have granted under this Term will not violate the rights of any third parties, including, without limitation, intellectual property rights of third parties.
(2) In consideration of the usage rights granted by Sony to you regarding the Service hereunder, and the potential benefits related thereto, you hereby grant Sony, its parents, subsidiaries, affiliates, successors, licensees and assigns, a non-exclusive, worldwide, perpetual, royalty-free license to: (a) store, copy, reproduce, publish and adapt your Member Content for the purpose of sharing, at your election, your Member Content with Third Party SNS Services; and (b) use the information which Sony acquires in connection with your usage of the Service for the purpose of improving the Service.
(3) As between Sony and you, you will own your Member Content, and Sony and its licensors owns all right, title and interest (including, all intellectual property rights) in and to the Service, the technology, information, documents, files, websites or other products developed in connection with the Service from time to time.
(i) to comply with the legal requirement;
(ii) if you agree to such disclosure to a third party;
(iii) to enforce the rights of Sony under this Term;
(iv) in case of disputes in connection with the Service or this Term; or
(v) to protect the rights, life, property of Sony, you or a third party including other Members.
5. MEMBER’S OBLIGATIONS
(1) You are responsible for any activity on the Service that occurs under your user ID.
(2) You shall abide by any terms and conditions applied to the usage of the Linked Sites and Service, expressly including the Third Party SNS Services.
(3) You agree that Sony (i) does not endorse any of the Member Content itself or the views expressed in any such Member Content and (ii) shall not be responsible or liable in any manner for any conduct by you, any other Member or for any Member Content.
(4) You are solely responsible for the Member Content that you upload, display or share using the Service. This includes, without limitation, responsibility for the nature, content, subject matter, views you express, display or publish in your Member Content. You shall defend and indemnify Sony from any and all claims and/or damages which arise in connection with your use of the Service, your Member Content and/or your breach of this Term.
6. NON-COMMERCIAL USE
You acknowledge and agree that the Service is intended for personal and non-commercial use only.
7. OTHER OBLIGATIONS OF MEMBERS
(1) You agree not to post, upload, display or share with others through any part of the Service, any Member Content that:
(a) contains materials of others that are protected by copyright, trademark or trade secrets, patents or other intellectual property law, without the express permission of its author or owner, therefore, violating such party’s copyrights, moral rights, author's rights, trade secrets, trademark, patent or other intellectual property or other rights;
(b) contains false or misleading statement of facts or description of the origin of the material or communications;
(c) interferes with the privacy rights of any person, or impersonates any person;
(d) contains a virus, may corrupt files or other content that may compromise or harm any third party;
(e) 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;
(f) contains or displays any expression of bigotry, racism or hatred, or is ethnically offensive, objectionable or inappropriate;
(g) is or might be perceived by Sony or third parties as defamatory, libelous, disparaging, obscene, pornographic, profane, threatening, abusive, deceptive, offensive, vulgar, ethnically offensive, objectionable or inappropriate, including nudity, adult content, illegal content, content of a sexual nature or unacceptable language;
(h) interferes with anyone else's use of the Service; or
(i) contains links to any Member Content that does any of the above.
(2) You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Service.
8. LIMITATIONS OF STORAGE
(1) You acknowledge and agree that;
(i) Sony may delete your Member Content if Sony determines, at its discretion, that size of Member Content (including other Member’s) exceed the storage limitation Sony sets for the Service, without notice and without incurring any liability to you;
(ii) Sony may delete your Member Content to the extent necessary for the maintenance of the facility of the Service without notice and without incurring any liability to you; and
(iii) certain technical processing or reformatting of your Member Content may be required in order 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.
(2) You further acknowledge and agree that, as a result of Sony’s deletion of the Member Content as set forth above or the termination or discontinuance of the Service, certain Member Content which you have uploaded to the Third Party SNS Services through the Service Servers may no longer be accessible from or available to the applicable Third Party SNS Services. Therefore, if you wish to avoid such non-accessible situation, we advise that you upload the Member Content directly to such Third Party SNS Services and refrain from uploading through the Service.
(3) You are solely responsible for making a back up copy of the Member Content. Sony is not liable for any damages arising in connection of loss, corruption or change of data you upload through the Service.
9. INTELLECTUAL PROPERTY RIGHTS
Except for your own Member Content, any and all rights with respect to information, software, contents available through the Service belong to Sony or its suppliers/licensors.
10. CHANGE OF THE SERVICE
Sony may, at its sole discretion, elect to modify, delete, reduce or discontinue the Service itself or any 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 disaster recovery or emergency data storage facility. You are responsible for creating and maintaining copies of your Member Content as back-ups at your own responsibility and cost, prior to posting or uploading any Member Content. The availability and amount of online storage of content may be changed by Sony from time to time.
11. SUSPENSION OF THE SERVICE
(1) Sony may temporarily suspend or terminate the Service, without notice, in case of (i) maintenance of the facilities of the Service, (ii) fire, power outage, acts of God which cause the Service inoperable and/or (iii) any other events which Sony determines suspension of the Service is necessary or desirable.
(2) In no event shall Sony be liable to Members regarding any loss or damages of Members arising out of suspension of the Service.
12. DISCLAIMER OF WARRANTIES
(1) Sony makes no representation or warranty of any kind that:
(a) the Service will meet your requirements;
(b) there are no defects in the software of the Service or such defects will be corrected, if any;
(c) the Service will be timely, secure, error-free or uninterrupted;
(d) the Service or any content, product or information on the Service is accurate, correct, reliable or complete;
(e) the Member Content posted, displayed, stored or shared 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; or
(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 content on the Service.
(2) 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.
(3) Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. DELETION OF MEMBER CONTENT/COPYRIGHTED MATERIAL
(1) Sony may delete your Member Content without notice and without incurring any liability to you.
(2) You agree not to use the Service for illegal purposes.
(3) It is Sony's policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations. You acknowledge and agree that this policy will be applied in connection with the Service as well.
(4) Your use of the Service is subject to compliance to all applicable laws, ordinances, rules and regulation, including, without limitation, laws regarding the transmission of technical data.
14. TERMINATION OF MEMBERSHIP
Sony reserves the right, in its sole discretion, to halt and/or terminate all or any portion of the Service temporarily or permanently, to terminate your Membership, or to remove your Member Content or to edit, delete or remove any Member Content from the Service without prior notice to you for any reason or no reason.
15. WARRANTY, DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE, INCLUDING ALL CONTENT, PRODUCTS, SOFTWARE, SERVICES AND INFORMATION MADE AVAILABLE OR ACCESSED THROUGH THE SERVICE, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. 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 PRODUCT, COMPUTER SYSTEM OR LOSS OF DATA, OR ANY OTHER DAMAGES THAT RESULT FROM SUCH USE.
16. DISCLAIMER OF DAMAGES; LIMITATION OF LIABILITY
Even if Sony, its affiliates or any of their authorized representatives or suppliers have been advised of the possibility of such damages, under no circumstances (including, without limitation, their negligence) shall Sony, its affiliates, their 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 your use of the Service, including, but not limited 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 Member 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;
(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) of the Service, Member Content or any content, products, services or information provided on the Service;
(d) any failures, delays, misdeliveries or interruptions in the Service;
(e) any harm resulting from downloading or accessing any Member Content;
(f) any unauthorized access to or alteration of Member Content or any breach of security related to the Service Server; 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 may not apply to you. Some Members may have additional rights.
If, despite the above limitations, Sony, its affiliates, their representatives and/or suppliers were found responsible to a Member for any reasons whatsoever, notwithstanding any other provisions contained in these Terms, its total aggregate liability arising out of these Terms and your use of the Service will not exceed one hundred U.S. Dollars (US$100.00).
Since you are solely responsible for your use of the Service and the consequences thereof, you agree to defend, indemnify and hold Sony, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and other users of the Service, harmless from and against any and all claims, demands, losses, expenses and/or liabilities, including attorneys' or experts' fees, made by any third party due to or arising from:
(a) your use of the Service;
(c) your violation of third party's privacy rights;
(d) your violation or infringement of a third party's copyright, trademark, trade secret, patent or other intellectual property right; or
(e) Member Content.
19. FORCE MAJEURE
Sony and its affiliates shall not be 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, non-performance of third parties.
20. TERMINATION OF SERVICE
(1) If you object to any portion of this Term or any subsequent modification thereto, or become dissatisfied with the Service or any transaction entered into through the Service, your only recourse is to immediately discontinue the use of the Service. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of this Term, or any dissatisfaction with the Service.
(2) Any termination under any provision of this Term may be effected without prior notice, and Sony may immediately delete and discard all of your Member Content, and/or ban any further access to the Service by you. Upon any termination of this Term, your right to use the Service will immediately cease. Sony will have no obligation thereafter to host or provide access to your Member Content, or to forward any materials stored through the Service or any unread or unsent messages. Provided, Sony may retain certain such materials for administrative and other reasons.
21. WAIVER OF JURY TRIAL
THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS OR THE SERVICE.
(1) This Term constitutes the entire agreement between you and Sony with respect to the Service, and it supersedes any other agreement, proposals or communications, written or oral, between you and Sony with respect to the Service.
(2) If a court of competent jurisdiction holds that any provision of this Term is illegal, unenforceable or contrary to law, such provision shall be construed as nearly as possible to reflect the original intent of this Term, with the other provisions remaining in full force and effect.
(3) Any failure by Sony to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such rights or provision unless Sony acknowledges and agrees to it in writing.
(4) Sony may assign these Terms to any third party at its sole discretion. You shall not assign or sublicense the rights granted under this Term without the prior written authorization of Sony.
(5) You 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.