Date of Last Revision: October 1, 2016
[ Language : English ]
In addition, usage of the Service may require usage of third party services, which have their own terms and conditions for usage. Please be sure to check, prior to using the Service, the terms and conditions that may apply to the usage of such third party services.
The Service is available only to individuals over the age of 13 who are residents of the United States of America.
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 services may be separately designated by Sony. Each individual is authorized to have only one (1) Membership. You may not use any other party’s ID when using the Service.
You must promptly notify Sony, in a form separately designated by Sony, should there be changes to the information you provide to us. You may not assign your Membership to any third party.
2. THE SERVICE
The term “Service” includes any and all functionality made available by Sony under the name of “News Suite (Socialife)”. Sony may add to, delete from, or modify 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. Special terms related to photo or audiovisual storage may apply. The software required to run the Service may automatically download and install updates from time to time from Sony. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Sony to deliver these to you) as part of your use of the Service.
By using the Service, you may have access to Social Network Services of third parties designated by Sony (“Third Party SNS Services”) and third party content delivered through real simple syndication or other means (“Feeds”). In addition, the Service may allow you to post, display and share with third party users of Third Party SNS Services, any “Member Content” by uploading such Member Content to the Third Party SNS Services directly or through a 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 for which you have received a valid right to pursue the actions contemplated in connection with the Service hereunder. Any Member Content which is images and videos will be uploaded to the Service Server and is subject to the conditions set forth in Section 11 below.
The Service is not available to corporations or other business entities.
The Service may run advertisements and promotions of Sony, Sony Corporation, its subsidiaries, affiliates or third parties.
3. LINKS TO NON-SONY SITES
Sony may have websites and services linked to or from the Service, including advertisements and promotions of third parties and Sony’s affiliated entities, the Third Party SNS Services, and the Feeds (“Linked Sites and Services”). These Linked Sites and Services are independently owned and maintained by such third parties and are not under the control and/or supervision of Sony. Use of Linked Sites and Services shall be subject to the terms and conditions stipulated by the operator of each Linked Site and Service. Sony is not responsible for any loss or damage, however caused, in connection with the use of any Linked Sites and Services and your access to any of the Linked Sites and Services shall be at your own risk. Nothing contained in the Service shall be interpreted as a recommendation and/or endorsement by Sony of the contents of the Linked Sites and Services or any products and/or services appearing on and/or provided through such Linked Sites and Services. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the Linked Sites and Services and Sony.
4. RESPONSIBILITY FOR MEMBER CONTENT
Sony does not as a policy review or screen any images, video, text, music, sound, audio files or other Member Content that a Member posts or displays or shares using the Service before such Member Content appears or is shared, although Sony does reserve the right to do so. You understand that by using the Service you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Sony does not endorse any content or views expressed in any Member Content and is not responsible or liable in any manner for any conduct by any Member or for any Member Content.
You are solely responsible for the Member Content that you provide to Sony for hosting, displaying, sharing or using in connection with the Service. This includes, without limitation, responsibility for the nature, content, subject matter, and views you express, display or publish in your Member Content.
You agree not to use the Service for illegal purposes. Your use of the Service and the products, services, and information provided by the Service are subject to all applicable local, state, national and foreign laws and regulations, and international treaties, including, without limitation, U.S. laws regarding the transmission of technical data exported from the United States.
You represent and warrant that (a) you have the right to enter into these Terms without any other approvals; (b) you have the right to use, upload, publish and display your Member Content; (c) you have the right to grant the licenses granted in these Terms; (d) the use by Sony of the rights you have granted in these Terms will not violate the rights of any third parties, including, without limitation, your employer or your clients; and (e) you are over the age of 13 and reside in the United States of America.
5. LICENSE GRANT AND INTELLECTUAL PROPERTY RIGHTS
In consideration for the Service, and the potential benefits related thereto, you grant Sony, its parents, subsidiaries, affiliates, successors, licensees and assigns, a non-exclusive, worldwide, perpetual, royalty-free license to use, modify, reproduce, distribute, publish, publicly perform and publicly display your Member Content, by all means now known or later created, including but not limited to display on the internet and in all forms of media, now known or later created.
With respect to the Member Content that you designate for sharing with third parties using the Service, such license includes, without limitation, (a) the right for Sony and third parties to access and view portions of your Member Content; and (b) the right to access, display, reproduce, modify and transmit any portions of your Member Content, and to create, reproduce, display and distribute selected images, frames, thumbnails or stills from such Member Content. You agree that Sony may use the Member Content at any time for any purpose.
With respect to all Member Content, such license includes, without limitation, the right for Sony and its contractors, parents and affiliates to access, display, reproduce, modify, and transmit any portions of your Member Content in order to store, host and display it on the Service, to improve Service operations, and comply with applicable laws.
You acknowledge and agree that certain technical processing or reformatting of your Member Content may be required to (a) perform indexing functions; (b) conform to connecting network technical requirements; or (c) conform to the limitations of the Service or other similar requirements.
Sony will not use your Member Content for any promotional activities without your express prior consent.
As between Sony and you, you will own your Member Content, and Sony 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.
You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Service.
6. MEMBER’S OBLIGATIONS
You are responsible for any activity on the Service that occurs under your user ID.
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.
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 any Member or for any Member Content.
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 these Terms.
7. NON-COMMERCIAL USE
You may use the Service only for your personal and non-commercial use.
8. CODE OF CONDUCT
You agree not to post, send, transmit, upload, or otherwise publish any data, text, video, music, sound, audio file or other content or materials that:
(a) uses 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;
(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 contains 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.
Sony will determine, in its sole discretion, whether or not your conduct violates this Code of Conduct and will take any action that Sony deems, in its sole discretion, appropriate in light of that violation.
9. ILLEGAL ACTIVITIES
It is Sony’s policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations. Sony may take any actions it feels, in its sole discretion, are necessary or desirable in order to cooperate with the authorities.
10. SECURITY BREACH
Sony takes great care in maintaining the security of your Member Content and your personally identifiable information and in preventing unauthorized access through the use of appropriate technology and internal procedures. However, Sony does not guarantee that unauthorized access will never occur. To the maximum extent permissible by law, you waive any claim against Sony because of any unauthorized access.
11. INACCESSIBLE MEMBER CONTENT
You 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 it through the Service.
Sony respects the intellectual property of others, and requires that its users and Members do the same.
You may not place any material protected by copyright anywhere through the Service without the express written permission of the author or owner of the copyright in such material.
Sony will promptly take down or block access to infringing or allegedly infringing material on its servers if Sony becomes aware that such material infringes the copyright rights of a third party, whether Sony identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a Member of the Service or a third party. Sony will contact the Member responsible for the Member Content and alert him or her of the allegations of infringement and of Sony’s takedown or blocking of the allegedly infringing material. If the Member believes that the removal or blocking of his or her material was the result of a mistake or a misidentification, the Member shall provide Sony a counter-notification establishing the Member’s rights to display the material in question, as well as any other information Sony may request. Upon receipt, Sony will forward the counter-notification to the party that claims to be the copyright owner. If that party does not file suit to enjoin the alleged infringement, or otherwise satisfy Sony that the counter-notification is insufficient, in Sony’s discretion, Sony will re-post or unblock the material within 14 days after receiving the counter-notification. If the Member does not respond to Sony’s takedown notification, Sony will take down or block the Member Content.
If you believe that your work has been copied in a way that constitutes copyright infringement and appears through the Service, please provide Sony’s copyright agent, designated below, with the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located;
(4) your address, telephone number and e-mail address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(6) a statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
News Suite (Socialife)
c/o Sony Electronics Inc.
16530 Via Esprillo
San Diego, CA 92127
Attn: Intellectual Property Agent
By this notice, Sony seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.
13. 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.
14. CHANGES TO THE SERVICE
Sony may, at its sole discretion, elect to modify, delete, reduce or discontinue the Service or any product, service, feature or functionality of the Service. Sony shall not be liable to you or any third party for any such change. The Service is not designed as or intended to be used as a back-up, disaster recovery or emergency data storage facility. You are responsible for creating and maintaining copies of your Member Content as back-ups prior to posting or uploading any Member Content, or other content or materials through the Service. Online storage of Member Content is free and limited to the amount designated by the Service, if any. The availability and amount of online storage of content may be changed by Sony from time to time.
15. SUSPENSION OF THE SERVICE
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.
In no event shall Sony be liable to Member regarding any loss or damages of Member arising out of suspension of the Service.
16. WARRANTY, DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE, INCLUDING ALL CONTENT, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE OR ACCESSED THROUGH THE SERVICE, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. UPLOADING, DOWNLOADING OR TRANSMITTING ANY MEMBER CONTENT OR ANY OTHER MATERIAL, DATA, TEXT, IMAGE, VIDEO, MUSIC, SOUND OR AUDIO FILES 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 COMPUTER SYSTEM OR LOSS OF DATA, OR ANY OTHER DAMAGES THAT RESULT FROM SUCH UPLOADING, DOWNLOADING OR TRANSMITTAL, OR OTHERWISE. NO ADVICE OR INFORMATION THAT YOU OBTAIN BY ANY MEANS FROM SONY WILL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSELY STATED IN THESE TERMS.
Sony makes no representation or warranty of any kind that:
(a) the Service will meet your requirements;
(b) defects in the software of 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 on the Service are accurate, correct, reliable or complete;
(e) the Member Content or any material, data, text, images, video, music, sound or audio file or content or materials 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 affect any Member Content or personal identifiable information; 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.
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.
17. DISCLAIMER OF DAMAGES; LIMITATION OF LIABILITY
Even if Sony or any of its authorized representatives or suppliers have been advised of the possibility of such damages, under no circumstances (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 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 in connection with the Service;
(d) any failures, delays, misdeliveries 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 Member Content or any other content, products, services or information provided in connection with the Service;
(f) any unauthorized access to or alteration of Member Content or any breach of security related to Service Servers;
(g) the cost of procurement of any substitute goods or services; or
(h) 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 representatives and/or suppliers were found responsible to a Member for any reasons whatsoever, this liability will not exceed one hundred U.S. Dollars (US$100.00) in aggregate.
Since you are solely responsible for your Member Content and the consequences of its use and publication, you agree to indemnify and hold Sony, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against all claims, demands and expenses, 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 a 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) Any libelous or unlawful material contained within your Member Content.
20. FORCE MAJEURE
Sony is not liable for any delay or failure in performance resulting, directly or indirectly from causes beyond its reasonable control, including, without limitation, failure or interruption of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties.
21. TERMINATION OF SERVICE
If you object to any portion of these Terms 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 the 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, or any dissatisfaction with the Service.
Sony reserves the right, in its sole discretion, to terminate your membership to the Service or to edit, delete or remove any Member Content without prior notice for any reason or no reason in its sole discretion.
Any termination under any provision of these Terms 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 such files through the Service. Upon any termination of your membership, or of these Terms, 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. Sony may retain certain materials for administrative and other reasons.
22. GOVERNING LAW; WAIVER OF JURY TRIAL
These Terms, all transactions hereunder and disputes related hereto of the Service shall be governed by and construed under the law of the State of California, without regard to conflicts of laws rules. You agree that the courts of California shall have exclusive jurisdiction over you and Sony for all disputes. Venue shall lie exclusively and only in the state of California. EACH OF SONY AND YOU HEREBY WAIVES TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS OR THE SERVICE.
These Terms constitute the entire agreement between you and Sony with respect to the Service and your Member Content, and supersede any other agreement, proposals or communications, written or oral, between you and Sony with respect to the Service or your Member Content.
If a court of competent jurisdiction holds that any provision of these Terms is illegal, unenforceable or contrary to law, such provision shall be construed as nearly as possible to reflect the original intent of these Terms, 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 shall not constitute a waiver of such rights or provision unless Sony acknowledges and agrees to it in writing, and then it shall constitute a waiver of the particular instance.
Sony may assign these Terms to any third party at its sole discretion. You may not assign or sublicense the rights granted under these Terms without the prior written authorization of Sony.
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.