Home
>
Terms Of Service and End-User License Agreement
|
CONNECT™ MUSIC TERMS OF SERVICE
1.5. If you have any questions regarding these Terms of Service, or if you would like to contact Sony CONNECT for any other reason, write to Sony CONNECT Inc., 6080 Center Drive, 10th Floor, Los Angeles, California 90045, Attn: Business and Legal Affairs; or send an email to CONNECT Customer Support from the "Help" section in the Service. 1.6. Information and answers to frequently asked questions (FAQs) regarding the Service and the Software are also available in the Service under the "Help" tab. The "Help" tab has contact options for you to reach a member of our CONNECT Customer Support Team. 2. License; Reservation of Rights. By accepting these Terms of Service, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right to install, enter, access and use the Service and the Software solely for the purposes of downloading, listening, and viewing CONNECT Content. This license allows you to use the Software only on a single computer. All rights not expressly granted to you in these Terms of Service are reserved to Sony CONNECT and its licensors, as applicable. You agree that this license is for your personal use and that no one other than you will use the Service or the Software. Other than the limited license granted in this Section 2, you have no other right, title or interest in the Service or the Software. You understand and acknowledge that in all circumstances your rights with respect to CONNECT Content will be limited by copyright law and by these Terms of Service. 3. Description of the Service. 3.1 Generally. 3.1.1 Your CONNECT Account and Registration Information. You may browse, preview, and search within the Service without opening a CONNECT Account or providing Registration Information. However, to otherwise use the Service, including to obtain CONNECT Content, receive RSS Feeds, or to listen to CONNECT Radio, you must register and open a CONNECT Account and provide Registration Information to Sony CONNECT. If you wish to terminate your CONNECT Account you can do so by contacting CONNECT Customer Support from the Help section in the Service. 3.1.2 Your Library of CONNECT Content. Sony CONNECT will maintain a library of the CONNECT Content that you download, which will be visible to you on each of your Registered PCs, up to the applicable Permissible Device Number. 3.1.3 Playing and Transferring CONNECT Content. Once you download CONNECT Content to a Registered PC, you may play or view that CONNECT Content an unlimited number of times on that Registered PC. You may also transfer the CONNECT Content from your CONNECT Account to your Registered Portable Devices that are within your applicable Permissible Device Number for an applicable Permissible Transfer Number of times. You may not transfer, copy or export CONNECT Content from one device to another, or to any media of any kind without maintaining the applicable digital rights management solution. 3.2 Music Service. In addition to the functionality identified under the "Generally" heading above, the following specifically applies to the Music Service: 3.2.1 CONNECT Radio. CONNECT Radio encompasses a number of radio stations of programming with multiple genres represented. CONNECT Radio works via progressive downloading. Once you start listening to a CONNECT Radio station, you can skip songs you do not want to hear by clicking the fast forward button in your Client Software. 3.2.2 Streams. You may play an unlimited number of streams of Streamed Content on your Registered PC. You may not capture, copy or download any Streamed Content. 3.2.3 Burning CONNECT Content to CD. You may "burn" up to seven (7) Redbook (uncompressed) CD's of any unique playlist and you may "burn" up to five (5) ATRAC CD's of any single track (except for Universal Music Group content, which may not be burned to an ATRAC CD). All CD's must be recorded to either blank recordable CD-R compact discs or blank recordable CD-RW compact disc, (i.e., a physical, non-interactive record configuration that conforms to either (a) in the case of CD-Rs, the so-called "Orange Book Part II" technical specification for "write once" compact discs or (b) in the case of CD-RWs, the so-called "Orange Book Part III" technical specification for "re-writable" compact discs). Once you have burned CONNECT Content to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device. Once you have transferred CONNECT Content to a Registered Portable Device, you agree not to copy, distribute, or transfer it from that Registered Portable Device to any other media or device. Any burning or transferring capabilities of CONNECT Content is solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of the sound recording and underlying musical composition embodied in the CONNECT Content. 3.3 eBooks Service; RSS Feeds. In addition to the functionality identified under the "Generally" heading above, the eBooks Service provides access to an index of text RSS Feeds at no charge to you. You may subscribe to any number of available text RSS Feeds, which will be converted to the BBeB format for your viewing. 4. Description of the Software. 4.1 Generally. Sony CONNECT reserves the right to automatically make available to you periodic updates, modifications and/or reinstallations of the Software while your computer is connected to the Internet. Such updates may be designed to address security, interoperability, performance or other issues. You consent that Sony CONNECT and its suppliers may periodically update the Software stored on your Registered PC without further notice to you and that such updates shall be included in the definition of the "Software" as defined in these Terms of Service. 4.2 Music Software. The Music Software consists of the Sony CONNECT Preview Clip Audio Player. 5. Promotions; Promotional Codes. 5.1 Promotions. Sony CONNECT, other Sony entities and certain third parties may from time to time place advertisements or present promotional offers and materials on the Service. Your participation in any promotion or offer is subject to the applicable rules associated with the promotion. Your dealings with other entities or third parties and your participation in third party promotions or offers that are advertised or presented on the Service are solely between you and such third party. Please note that you must be at least 13 years of age and you must reside in the United States to participate in any promotion or offer that is in connection with or related to the Service in any way. 5.2 Promotional Codes. In connection with certain promotions or promotional offers, you may receive a valid promotional code for downloads from the Service, which may be provided to you on a "CONNECT Cash™ card", "CONNECT Cash™ coupon" or another promotional instrument, material or announcement (each a "Promotional Code"). Promotional Codes are valid for the value communicated with the Promotional Code and the promotional offer. In order to redeem a Promotional Code, you must follow the applicable redemption instructions related to the applicable promotion and Promotional Code. If you have properly redeemed a Promotional Code, your CONNECT Account will be credited for the value or applicable discount in the Promotional Code (for example, buy one get one free). Use or redemption of Promotional Codes is subject to all applicable rules, expiration dates, service charges and any other limitations and restrictions that may be messaged with the applicable promotional offer, promotional materials, or Promotional Code as well as those terms and conditions concerning all Promotional Codes. The Promotional Code terms and conditions may be viewed at http://connect.com/promocodes.html. In addition, please note that Promotional Codes are not redeemable for cash, and unused portions of any Promotional Code may not be returned for a cash refund or any other value. 5.3 Sony CONNECT Promotional Rights. If Sony CONNECT believes that you have violated the rules associated with any promotion, Promotional Code, offer or the Service, or if you have redeemed a fraudulent Promotional Code or a Promotional Code obtained through fraudulent methods, Sony CONNECT has the right to request alternative forms of payment from you, and has the right to close your CONNECT Accounts. Closure of your CONNECT Accounts may affect your ability to access your CONNECT Content. If at any time you believe that Sony CONNECT has closed your CONNECT Accounts in error, please contact CONNECT Customer Support from the "Help" section on the Service. 5.4 Additional Terms. Promotional Codes, special products, offerings and promotions displayed on the Service are considered no longer valid as of the earliest of (i) the expiration date, (ii) the date stated in the applicable rules or otherwise with the offer or Promotional Code, or (iii) as of the date the special product, offering or promotion is removed from the Service. Additionally, all products, offerings and promotions are subject to change or cancellation at any time by Sony CONNECT without notice. Promotional Codes are only valid on the Service and within the territory specified on the Promotional Code. 6. Gift Cards; Prepaid Cards; Additional Terms. 6.1 CONNECT Gift Cards. You may have the option to purchase gift certificates from the Service, which may be given by you to others as a gift (each a "CONNECT Gift Card"). To purchase a CONNECT Gift Card, follow the instructions provided on the Service and be sure to review all terms and conditions and disclosures concerning CONNECT Gift Cards before completing your purchase. Please note that if you purchase a CONNECT Gift Card from the Service for an individual that resides outside of the Territory, is under the age of 13, or is otherwise unable to comply with or agree to these Terms of Service, that individual will not be able to redeem or use the CONNECT Gift Card on the Service. After you purchase a CONNECT Gift Card as a gift, it will be emailed to the intended recipient at the recipient email address you provided at the time of your purchase. Sony CONNECT reserves the right to charge your credit card for the value of the CONNECT Gift Card you purchase. You may not pay this charge using any credits to your CONNECT Account. CONNECT Gift Cards are not refundable, exchangeable or cancelable once purchased and are subject to all CONNECT Gift Card Terms and Conditions available on the Service. CONNECT Gift Cards are only valid at the Service and within the Territory. You may have the option to limit a CONNECT Gift Card that you purchase to non-explicit content; however, this option can not be exercised after you click-to-buy your CONNECT Gift Card. If you do not manually limit the CONNECT Gift Card to non-explicit content before you make your purchase, the CONNECT Gift Card will not be limited to non-explicit content only (see the Section below entitled "Nature of Content" for more details on explicit content.) Please note that if you choose to limit a CONNECT Gift Card to non-explicit content only, Sony CONNECT will not be responsible for any content redeemed using that CONNECT Gift Card and does not guarantee or claim that such content will not be objectionable to you or the CONNECT Gift Card recipient. 6.2 Prepaid Cards. You may have the option to purchase from third party retail locations Download Cards, Prepaid Cards and Gift Cards (collectively, "Cards") that indicate that they work with the Service. Once purchased, you may either use these Cards to download content from the Service or you may provide these Cards to others as a gift so they may download content from the Service. Cards are valid for the value communicated with the Card. Please note that Cards sold in retail stores must be activated at the retail store register. Cards will not work with the Service unless they are properly activated. Be sure to review all terms and conditions and disclosures messaged with a Card before you purchase a Card. Please note that if you provide a Card to an individual that resides outside of the Territory, is under the age of 13, or is otherwise unable to comply with or agree to these Terms of Service, that individual will not be able to use the Card on the Service. Cards are subject to all terms and conditions messaged with the Cards in retail, all terms and conditions that are provided with the Card and any other applicable terms and conditions that may be provided through the Service. Cards purchased in a particular territory may only be used to download content through the Service operating within the applicable territory. 6.3 Additional Terms. If you have purchased or hold a Card that you have purchased, please review all terms and conditions and minimum system requirements provided with that Card and/or posted online. You may have purchased a Card that indicates that it "expires one year from date of activation at register, or as permitted by applicable laws." In order to provide our customers with the best possible service and the full benefit of their purchase, Sony CONNECT has elected to extend the terms of certain types of Cards. Except for promotional cards and coupons and Promotional Codes, the Cards that contain this language will not expire. However, promotional cards and coupons and Promotional Codes may expire as indicated in the applicable terms. Follow the instructions you have received with your Card to enjoy your CONNECT Content. 7. Restrictions. Your use of the Service and the Software are subject to the following restrictions: 7.1 Sony CONNECT Rules and Policies. You agree to abide by the rules and policies established from time to time by Sony CONNECT in these Terms of Service. Such rules and policies will be applied generally in a nondiscriminatory manner to all end users of the Service and the Software, and may include, for example, required or automated updates, modifications and reinstallations of the Software, and obtaining available patches to, among other reasons, address security, interoperability, and/or performance issues. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you. In addition, you understand that the Software is capable of monitoring itself and may create a unique system identification for your Registered PC for security-related and tamper-detection purposes. Your copy of the Software and your access to certain applications that communicate with it are subject to restriction and/or revocation (such as being shut down) for security purposes or according to consistently applied CONNECT Content-protection policies. You understand and agree that this would likely result in CONNECT Content that was previously available for use being unavailable thereafter. 7.2 Territory. Only residents of the United States (the "Territory") are eligible to receive and use the Software and the Service. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Software or the Service from outside of the Territory. By installing, copying, otherwise using or continuing to use the Service or the Software, and by accepting or using any Software updates (including automatic updates), you represent, covenant and agree that you reside in the United States at all times while you maintain a CONNECT Account. 7.3 Age Requirement. You must be at least 18 years of age to agree to and accept these Terms of Service on your own behalf. If you are under 18 years of age, but are at least 13 years of age or older, your parent or legal guardian must accept these Terms of Service and register for the Service on your behalf. In compliance with the Children's Online Privacy Protection Act ("COPPA"), as such may be amended from time to time, if you are under the age of 13, you are asked not to provide any information to Sony CONNECT either through downloading the Client Software, using the Service, participating in or entering any promotions, contests or sweepstakes related to the Service, or through any other activity. 7.4 Prohibited Conduct. You may not use the Service or the Software to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You may not interfere with or disrupt the Service, any networks connected to or by the Service, or the Software. You agree not to interrupt or attempt to interrupt the operation of the Software or the Service in any way. In addition, you may not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or content. 7.5 Restriction on Use Related to the Service. Because the Service includes security components, special rules and policies apply. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the Service. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the Service, including, but not limited to, any text, images or audio, for any business, commercial or public purpose. You agree not to copy, sell, distribute or otherwise transfer CONNECT Content from your Registered PC or Registered Portable Device to any unregistered audio record or playback device. 7.6 Restriction on Use Related to CONNECT Account. You may only open a CONNECT Account for yourself, and not for any other person, subject to the provisions of the section above entitled "Age Requirement". Except in the event a parental control option is made available by Sony CONNECT and such option is selected by you, you agree that you will not allow others to use your Registration Information and/or CONNECT Account and agree that you are solely responsible for maintaining the confidentiality and security of the same. You agree to notify Sony CONNECT immediately of any unauthorized use of your password and/or CONNECT Account by contacting CONNECT Customer Support from the "Help" section on the Service. 7.7 Restriction on Use Related to CONNECT Content. The license granted to you hereunder does not convey to you any of the following: (a) reproduction or promotional use rights in the CONNECT Content (e.g., any uses that implicate or require public performance or print music rights, or any use that would result in the commercial redistribution of the CONNECT Content or the musical composition underlying the CONNECT Content), (b) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute CONNECT Content on streaming applications (via Internet, intranets and/or other networks), (d) rights to distribute to others CONNECT Content on other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial, sale, resale, reproduction, distribution or promotional use rights for the CONNECT Content. Any digital rights management solution that is provided with CONNECT Content is an inseparable part. If you have CONNECT Content, it is your responsibility not to lose, destroy or damage such CONNECT Content. 7.8 Restriction on Use Related to CONNECT Radio. You may not publicly broadcast to any third party CONNECT Radio or any of its content without the prior express written permission of Sony CONNECT. You may not download or store any sound recordings or Internet radio programs from CONNECT Radio to the hard drive of your Registered PC, to a Registered Portable Device or to any media. Sony CONNECT may take any action it feels is appropriate with respect to your use of CONNECT Radio content if Sony CONNECT believes, in its sole discretion, that your use may create liability for itself or any third parties or may cause Sony CONNECT to lose (in whole or in part) the services of its ISPs, vendors or advertisers. 7.9 Restriction on Use Related to the Software. You agree you will not, either directly or indirectly: (i) rent, lease, loan, sell, assign, sublicense, copy, or distribute the Software in whole or in part; (ii) use the Software or any portion thereof to create any tool or software product that can be used to create software applications of any nature whatsoever; (iii) remove, alter, cover, obfuscate, and/or otherwise deface any trademarks or notices on the Software; (iv) disclose, divulge or otherwise make available the Software, including without limitation any portion or source code thereof, to any third party; and/or (v) modify, alter, duplicate, reproduce, copy, disassemble, reverse engineer, circumvent or emulate the functionality, decompile or otherwise reduce to human readable form, tamper with, or create derivative works from or of the Software, any of the security components of the Software, special rules, or other protection applications for any reason whatsoever, without the prior written consent of Sony CONNECT or its licensors, as applicable. The Software specifications may be subject to change without notice. You may not use the Software over an internal network or distribute the Software to other computers over an internal network. 7.10 U.S. Government Restricted Rights and Export Provisions. The Software is "commercial computer software" or "commercial computer software documentation." The U.S. Government's rights with respect to the Software are limited by the terms of this Terms of Service, pursuant to FAR 12.212(a) and/or DFARS 227.7202-1(a), as applicable. You agree by installing, copying, or otherwise using the Software and the Service that: (i) you do not reside in a country subject to embargo or export controls by the U.S. Government; (ii) you are not on the List of Denied Persons as published by the U.S. government; and (iii) you will not use the Software or the Service for any illegal purpose. Because the Software, the Service, and related technical data are subject to U.S. export controls, you agree that you shall not upload, export or "re-export" (transfer) the Software or the Service unless you have complied with all applicable U.S. export controls. 8. Charges and Billing. 8.1 Agreement to Pay. You agree to pay for all CONNECT Content that is not obtained by means of a Promotional Code, Card or which is not offered to you by Sony CONNECT for free. 8.2 Credit Card Transactions. You may be asked during the CONNECT Account registration process to provide Sony CONNECT with your credit card information. In the event you use your credit card to make purchases on the Service, Sony CONNECT may, in its discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make on the Service. You are responsible for keeping your CONNECT Account confidential and you will be responsible for any charges that are incurred by any person through your CONNECT Account. All charges will be billed to the credit card you designate when you first make a purchase or incur a charge on the Service. If any of your billing information changes, you must update that information by contacting CONNECT Customer Support or changing your CONNECT Account information online on the Service. By providing your credit card information to Sony CONNECT, you are acknowledging and agreeing that Sony CONNECT may keep your credit card information on file until your CONNECT Account is closed and as stated in the Privacy Policy, unless you make a request to CONNECT Customer Support that your credit card information be removed, in which case it will be removed as stated in the Privacy Policy. By providing your credit card information to Sony CONNECT, you agree that you will consult the terms and conditions that are imposed by your credit card issuer for notification requirements and limitations on your liability for loss, theft or unauthorized use of your credit card. You agree that you, and not the CONNECT Entities, will be solely responsible for the payment of all amounts billed to your credit card by unauthorized third parties. You agree that you will not provide to Sony CONNECT any credit card information for any credit card that is not issued in your name or by banks within the United States. 8.3 Taxes. Purchases from the Service may include sales tax (where applicable) and such tax will be based on the best available address information. In such cases, the sales tax rate in effect at the time purchases are made on the Service will apply. If the applicable sales tax rate changes before the applicable purchase has been completed, the new tax rate, effective at the time of completion of purchase on the Service, will apply. You are not eligible for tax exemptions for purchases made on the Service. Other product and service limitations and disclaimers may apply. 8.4 Refund Policy. There are no refunds when a purchase is made on the Service. When you click the "Buy Now" button and confirm, your purchases are charged to the credit card on file with Sony CONNECT, which corresponds with your CONNECT Account; however if you have a valid credit in your CONNECT Account, which is applicable to the purchases you are making, you may be able to use that credit. Sony CONNECT may determine that CONNECT Account credits may not be used due to a violation of any promotional terms or any trial offer terms, these Terms of Service, and any other terms issued by Sony CONNECT. 8.5 Right to Change Prices. All prices related to the Service are subject to change by Sony CONNECT at any time, without notice and without liability to you. Sony CONNECT does not provide price protection or refunds in the event of a price drop or a promotional offering. 9. Special Notices. As a user of the Software and the Service, please note the following: 9.1 Privacy. By installing and activating the Software and registering on the Service, you consent to the collection and processing of all information related to your use of the Software and the Service, including Registration Information. This information is collected by Sony CONNECT and handled pursuant to the terms of the Privacy Policy, which is expressly made a part of these Terms of Service by this reference. By agreeing to these Terms of Service, you are also agreeing to the Privacy Policy. Review the Privacy Policy by going to http://connect.com/privacy_policy.html. 9.2 Accuracy of Information. You represent and warrant that all information (including Registration Information and responses to polls and surveys) you provide to Sony CONNECT is correct, complete, and current, and you agree to update such information as necessary. You also agree that any information provided by you to Sony CONNECT will not violate any law or regulation or infringe the rights of any third party. 9.3 Certification of Residency and Capacity to Contract. By opening a CONNECT Account, you represent and warrant to the CONNECT Entities that you are a resident of the United States, that you reside in the United States at all times while you access or use your CONNECT Account, and that you are capable of entering a contract under the laws of your jurisdiction. 9.4 Nature of Content. You understand that by using the Service and accessing the CONNECT Content, you may encounter materials that you may find to be explicit, offensive, or otherwise objectionable. Sony CONNECT may include, if available, information related to ratings, content type, and descriptions, if such information is provided by the applicable owners of the CONNECT Content. However, Sony CONNECT is not responsible for the accuracy of any such information. You agree to the following, irrespective of whether or not the Service includes parental control functions, and irrespective of the extent to which you use such parental control functions: (a) it is your responsibility to determine which CONNECT Content meets your standards; and (b) under no circumstances will any CONNECT Entity or its content delivery providers be liable in any way for any CONNECT Content that you have access to. Nevertheless, you agree to use the Service at your sole risk and that the CONNECT Entities shall have no liability to you for any content contained on the Service. 9.5 Risk of Use. The CONNECT Entities assume no responsibility and shall not be liable for any damages to, or viruses that may damage your computer equipment or other property on account of your access to, use of, downloading, or browsing the Service or the Software. 9.6 Links from Other Web Sites to Third Party Sites; RSS Feeds. Sony CONNECT is not responsible for the content or availability of any RSS Feeds or web sites linked to the Service or any third-party web sites which are linked to or from the Service. Your accessing RSS Feeds or linking to other web sites is entirely at your own risk. Any RSS Feeds or links are provided for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the web site. Sony CONNECT disclaims all warranties, express or implied, as to the accuracy, quality, or otherwise of any materials or information contained on such RSS Feeds and web sites. 9.7 Action for Violation of Intellectual Property Rights, If Sony CONNECT receives a notice alleging that you have engaged in behavior that infringes any CONNECT Entities or a third party's intellectual property rights or reasonably suspects the same, Sony CONNECT may suspend or terminate your access to the Service without notice to you. If Sony CONNECT takes action under this Section, it shall have no liability or responsibility to you, including for any amounts that you have previously paid or any credits that you have on the Service. 9.8 Sony CONNECT's Right to Change These Terms of Service Sony CONNECT reserves the right to modify, add to, change or remove any part of these Terms of Service at any time, with or without notice. You should therefore periodically visit this page, by clicking on the hyperlink entitled "Terms of Service" at the bottom of the Service homepage to review the then-current Terms of Service. In case of any material change to these Terms of Service, we will replace the "Terms of Service" link on the bottom of the Service homepage with a link entitled "Terms of Service Updated XX/XX/XXXX" for no less than 30 days. All changes to these Terms of Service will be effective when posted, and your continued use of the Service, the Software, or any updates to the Software after the posting will constitute acceptance of, and agreement to be bound by, those changes. You may provide notice to Sony CONNECT of any objection to such revised terms within thirty (30) days after they are posted; please send any such objection by email to CONNECT Customer Support at connect.custhelp.com. If you do not agree to (or cannot comply with) these Terms of Service as amended, your sole remedy is to stop using the Service and the Software. 9.9 Sony CONNECT's Right to Make Changes to the Service and the Software. Sony CONNECT may add, change, discontinue, remove, or suspend any materials incorporated into the Service and the Software, including features, prices and specifications of products described or depicted on the Service and on the Software, temporarily or permanently, at any time, without notice and without liability. In addition, Sony CONNECT and/or the owners of the CONNECT Content may, from time to time, remove CONNECT Content from the Service without notice, and Sony CONNECT may at any time lose the right to make certain CONNECT Content available. In such event, you will no longer be able to obtain or view certain CONNECT Content. 9.10 Delivery of CONNECT Content. On occasion, technical problems may delay or prevent delivery to you of CONNECT Content. In such an instance, your sole remedy will be either replacement of such CONNECT Content or refund of the price paid for such CONNECT Content, if applicable, at Sony CONNECT's discretion. Refunds are not available for CONNECT Content obtained through a promotional offering unless expressly indicated otherwise. 9.11 Sony CONNECT's Rights to Your Postings. By posting messages, reviews, inputting data, or engaging in any other form of communication through the Service (if so permitted by Sony CONNECT and the Service), you represent that you have all the rights to make such posting, that such posting does not infringe the rights of any third party, and you agree that Sony CONNECT may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or to respond to any legal requirement, claim or threat. If Sony CONNECT's use of such content exploits any proprietary rights you may have in such material, you agree that Sony CONNECT has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right do so. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility. 10. Intellectual Property. 10.1 Trade Secrets and Proprietary Materials. The Software and the Service contain and/or embody copyrighted material, trade secrets, patented (and/or patent pending) inventions and/or other proprietary material and intellectual property of Sony CONNECT and/or its licensors. All title and ownership rights in the Software and the Service remains with Sony CONNECT and its licensors, as applicable. You agree to keep information contained in the Software and the Service which is not publicly known confidential to yourself, and not to disclose such information to others without Sony CONNECT's prior written approval. 10.2 Copyright. The Software is protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. All title and copyright in and to the Software (including but not limited to any images, photographs, animation, video, audio, music, text and "applets", incorporated into the Software), and any copies of the Software, are owned by Sony CONNECT or its licensors. You agree to comply with all applicable copyright protection laws in connection with your use of the Service, the CONNECT Content, any Sony digital devices and the Software. In addition to the terms provided in this Terms of Service, Sony CONNECT may take appropriate measures to protect copyright of the contents played by the Software. 10.3 Trademarks. You cannot use any of the trademarks or protected copyright materials found on and within the Software and the Service except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes. The trademarks listed below are trademarks of Sony CONNECT, its direct or indirect parents, and/or its affiliates, licensors, or third party owners. Nothing contained on the Software or on the Service should be construed as granting by estoppel or otherwise, any license or right of use to any trademark. Please note that the trademark list below is periodically updated such that neither this list nor its updates are all-inclusive lists of the trademarks. For questions pertaining to any of the trademarks or the below trademark list, please send inquiries to Sony CONNECT Trademarks, ATTN: Business and Legal Affairs, 6080 Center Drive, 10th Floor, Los Angeles, CA 90045. Atrac3, Atrac3Plus, Sony, CONNECT, the "CONNECT" logo, CONNECT Cash, HI MD, Memory Stick, Memory Stick Duo, Net MD, Network Walkman, OpenMG, Sony Connect, SonicStage, Sony Style, VAIO Select, VAIO Slimtop, VAIO Smart, VAIO Smart, VAIO Sphere, VAIO World, Walkman, Music Snobs, the Music Snobs logo, CONNECT Reader, Sony Reader, BBeB. Other Trademarks used on the Service are the trademarks of their respective owners. The following are licensed by Sony CONNECT from third parties with special attribution requirements. This list is not an all-inclusive list: Intel Inside, Pentium, Gracenote, CDDB, Adobe, Publisher's Weekly. 10.4 Gracenote CDDB Functionality. CDDB Music recognition technology and related data are provided by Gracenote?. Gracenote is the industry standard in music recognition technology and related content delivery. For more information visit www.gracenote.com. CD and music-related data from Gracenote, Inc., copyright 2000-2005 Gracenote. Gracenote CDDB? Client Software, copyright 2000-2005 Gracenote. This product and service may practice one or more of the following U.S. Patents: #5,987,525; #6,061,680; #6,154,773, #6,161,132, #6,230,192, #6,230,207, #6,240,459, #6,330,593, and other patents issued or pending. Services supplied and/or device manufactured under license for following Open Globe, Inc. United States Patent 6,304,523. Gracenote and CDDB are registered trademarks of Gracenote. The Gracenote logo and logotype, and the "Powered by Gracenote" logo are trademarks of Gracenote. 10.5 All-Music Guide Data. The AMG Data within the Service is the property of AEC, doing business as AMG, All-Music Guide and All Media Guide. You may not modify, copy, scan or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of the All Music Guide Data. You may not download All Music Guide Data except for your own personal, non-commercial use. 10.6 Use of Digital Files Other than CONNECT Content. Sony CONNECT does not represent or guarantee that the Software and the Service will successfully import or support any digital files that are not CONNECT Content. Further, Sony CONNECT does not purport to grant you any rights to use digital files other than the CONNECT Content acquired from the Service in accordance with these Terms of Service. Such files must be purchased or otherwise rightfully obtained by you and may be subject to another grant of rights from third-party copyright holder(s) and other legal rights holder(s) (please note that there may be more than one copyright involved in any file). If you violate copyright laws, there may be fines or criminal charges brought against you, even if you do not obtain any commercial benefit from the illegal copies. Sony CONNECT respects the intellectual property rights of others, and it expects you to do the same. 11. Standard Terms. 11.1 Remedies. You agree that any unauthorized use of the Service, the Software, and any technology contained therein would result in irreparable injury to the applicable CONNECT Entities, as applicable, for which money damages would be inadequate. Therefore, in such event, the CONNECT Entities, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in these Terms of Service shall be construed to limit remedies available pursuant to statutory or other claims that the CONNECT Entities may have under separate legal authority. You understand and agree that your cancellation of your CONNECT Account is your sole right and remedy with respect to any dispute with the Sony CONNECT Entities. 11.2 Indemnification. You agree that you will defend, indemnify and hold harmless the CONNECT Entities against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees) arising from or relating to your use of the Service, the Software, or any breach by you of these Terms of Service, and you agree to reimburse CONNECT Entities on demand for any losses, costs or expenses they incur therefrom. 11.3 Term; Termination. The term of these Terms of Service shall remain in effect until terminated as provided herein. These Terms of Service and your rights to access, download and use the Service and the Software are subject to immediate termination, without notice, (a) if you breach (or Sony CONNECT reasonably suspects that you have breached) any provision of these Terms of Service, or (b) upon Sony CONNECT's discontinuation of its dissemination or support of the Service or the Software. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must cease all use of the Service and the Software. If Sony CONNECT terminates these Terms of Service, or suspends your CONNECT Account for any of the reasons set forth in these Terms of Service, the CONNECT Entities shall have no liability or responsibility to you, and Sony CONNECT will not refund any amounts that you have previously paid. 11.4 DISCLAIMERS; LIMITATION OF LIABILITY. 11.4.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND SOFTWARE IS AT YOUR OWN SOLE RISK. THE SERVICE AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND BY THE CONNECT ENTITIES, AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE CONNECT ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE CONNECT ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE AND THE SOFTWARE WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY CONNECT ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR REGISTERED PORTABLE DEVICES YOU USE TO ACCESS THE SAME. SHOULD THE SOFTWARE PROVE DEFECTIVE YOU (AND NOT A CONNECT ENTITY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION OR REPLACEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE CONNECT ENTITIES. 11.4.2 SONY CONNECT MAKES NO WARRANTY THAT ANY PARTICULAR REGISTERED PC, CD BURNER OR REGISTERED PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR THE SOFTWARE OR THAT ANY CD BURNED USING THE SERVICE OR THE SOFTWARE WILL FUNCTION IN ANY SPECIFIC MODEL OF CD PLAYER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEMS WILL FUNCTION CORRECTLY WITH THE SERVICE AND THE SOFTWARE. 11.4.3 THERE IS NO WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE. THE CONNECT ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE WITH RESPECT TO ITS PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO SONY CONNECT AND/OR ANY CONNECT ENTITY. THE EXCLUSION OF IMPLIED WARRANTIES MAY NOT BE PERMITTED BY SOME JURISDICTIONS AND THUS, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 11.4.4 UNDER NO CIRCUMSTANCES SHALL ANY CONNECT ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE SOFTWARE. 11.4.5 THE SERVICE MAY CONTAIN VIEWS, ADVICE, STATEMENTS AND OPINIONS, WHICH REPRESENT THE VIEWS, ADVICE, OPINIONS AND STATEMENTS OF THE INDIVIDUAL AUTHORS AND NOT NECESSARILY THOSE OF ANY CONNECT ENTITY. THE CONNECT ENTITIES DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY VIEW, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION PROVIDED BY SUCH AUTHORS. SUCH VIEWS, OPINIONS, ADVICE, STATEMENTS OR OTHER INFORMATION ARE SOLELY THOSE OF THE AUTHORS AND CANNOT BE ATTRIBUTED TO THE CONNECT ENTITIES. RELIANCE UPON SUCH VIEWS, OPINION, ADVICE, STATEMENT OR OTHER INFORMATION SHALL ALSO BE AT YOUR OWN RISK. THE CONNECT ENTITIES SHALL NOT BE LIABLE TO ANYONE FOR ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, TIMELINESS, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMMUNICATION LINE FAILURE, ALTERATION OR USE OF THE AUTHOR'S WORKS, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THEREFROM. THE CONNECT ENTITIES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE AUTHOR'S MATERIALS. 11.4.6 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL THE CONNECT ENTITIES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, LOST PROFITS, HOWEVER CAUSED, ARISING FROM OR RELATING TO THE SERVICE, THE SOFTWARE, THESE TERMS OF SERVICE OR THE SUBJECT MATTER OF ANY OF THE FOREGOING, UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA, LOSS OF REVENUE, LOSS OF USE OF THE SOFTWARE AND ANY DOWNLOADS OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER'S TIME, EVEN IF A CONNECT ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (2) DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR THE SOFTWARE IN VIOLATION OF THESE TERMS OF SERVICE, INCLUDING THE LIMITATIONS ON USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE CONNECT ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10. 11.4.7 YOU ALSO ACKNOWLEDGE TO AND FOR THE BENEFIT OF THE CONNECT ENTITIES THAT THE SOFTWARE, AS WITH MOST SOFTWARE, MAY CONTAIN BUGS AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PHYSICAL OR ENVIRONMENTAL DAMAGE OR FINANCIAL LOSS. THE CONNECT ENTITIES SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS SUFFERED AS A RESULT OF SUCH A FAILURE OF THE SOFTWARE OR A BREACH OF SECURITY INVOLVING THE SOFTWARE, WHETHER OR NOT SUCH LOSS OR BREACH RESULTS FROM THE DELIBERATE, RECKLESS, OR NEGLIGENT ACTS OF ANY PERSON OR MAY HAVE BEEN FORESEEABLE. 11.4.8 UNDER NO CIRCUMSTANCES SHALL THE CONNECT ENTITIES BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY CONTENT, OR ANY USE OF THE SERVICE OR SOFTWARE TO DEVELOP, DISTRIBUTE, OR USE ANY MATERIAL THAT IS DEFAMATORY, SLANDEROUS, LIBELOUS OR OBSCENE, THAT PORTRAYS ANY PERSON IN A FALSE LIGHT, THAT CONSTITUTES AN INVASION OF ANY RIGHT TO PRIVACY OR AN INFRINGEMENT OF ANY RIGHT TO PUBLICITY, THAT VIOLATES OR INFRINGES ANY THIRD PARTY'S RIGHTS OR THAT VIOLATES ANY FOREIGN, FEDERAL, STATE OR LOCAL STATUTE OR REGULATION. 11.5 Choice of Law and Venue. These Terms of Service and your use of the Service and the Software will be governed by the laws of the state of New York excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. You agree that any claim or dispute with any CONNECT Entity or arising out of or relating to these Terms of Service, the Service or the Software, or your use of any of the foregoing will be brought in an appropriate state or federal court located in New York County, New York. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts. THE PARTIES SHALL NOT RAISE IN CONNECTION THEREWITH, AND HEREBY WAIVE, TRIAL BY JURY AND/OR ANY DEFENSES BASED UPON THE VENUE, THE INCONVENIENCE OF THE FORUM, THE LACK OF PERSONAL JURISDICTION, THE SUFFICIENCY OF SERVICE OF PROCESS OR THE LIKE IN ANY SUCH ACTION OR SUIT. To the extent permitted by law, the provisions of these Terms of Service shall supersede any provisions of the Uniform Commercial Code and the Uniform Computer Information Transactions Act as adopted or made applicable to the Software in any competent jurisdiction. 11.6 Entire Agreement and Severability. These Terms of Service and the Privacy Policy incorporated herein (and any amendment or revision by Sony CONNECT to either) together constitute the entire agreement between you and Sony CONNECT with respect to its subject matter and supersedes all prior and/or contemporaneous agreements and understandings, written or oral, between you and Sony CONNECT with respect to the subject matter hereof. Except as expressly set forth herein, these Terms of Service may not be amended, modified, or supplemented by the parties in any manner, except by a written instrument signed by an authorized officer of Sony CONNECT. If any part of these Terms of Service is found invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms of Service will be interpreted so as to reasonably affect the intention of the parties. Headings are for reference purpose only and in no way define, limit, construe or describe the scope or content or extent of such section. No provision hereof shall be deemed waived (by any act or omission) unless such waiver is in a writing signed by an authorized officer of Sony CONNECT. These Terms of Service will bind and inure to the benefit of each party's successors and assigns, provided that you may not assign or transfer these Terms of Service, in whole or in part, without the prior written consent of an authorized officer of Sony CONNECT. 11.7 Subsequent Owner of the Service; Sony CONNECT Merger/Acquisition. By using the Service, you agree that Sony CONNECT or one of its companies may at the time of a merger, acquisition, or sale of the Service or all or substantially all of Sony CONNECT's or such Sony CONNECT company's assets assign its rights and obligations regarding the Service to an applicable subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Service signifies your agreement to be bound by the Terms of Service and privacy policy of the subsequent owner or operator of the Service. 11.8 Survival. The paragraphs of these Terms of Service entitled "Indemnification", "Limitation of Liability", "Choice of Law And Venue", "Charges and Billing", "Sony CONNECT's rights to Your Postings", "Remedies", and "Disclaimers" will survive its termination. 12. Definitions. "AEC" means AEC One Stop Group, Inc., doing business as AMG, All-Music Guide and All Media Guide.
|