TERMS OF SERVICE
FOR SONY’S Dash™ SERVICE
IMPORTANT – READ THESE TERMS OF SERVICE BEFORE USING SONY’S Dash SERVICE. USING SONY’S Dash SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE.
These Terms of Service (“TOS”) are a legal agreement between you and Sony Electronics Inc. (“Sony”), the provider of Sony’s Dash Service and any related services (collectively, the “Service”) which enables you to access select Content (as defined below) and download certain applications within the Content, to the extent such applications are made available for download, to your Sony Dash™ device (“Dash Device”). The Service located at dash.chumby.com (the "Site"), is maintained by Sony, its affiliates, and/or hosting and other third party service providers. Please note that when you enter any other website accessible through the Site, such other website may have its own terms and conditions of use which are specific to such website. When you access, browse or use the Service or Site you accept the terms and conditions set forth in these TOS and any additional terms and conditions of use set forth in any other website. You may not use the Service or Site and may not accept these TOS if you are a person not permitted to use the Service or Site under the laws of the United States or other countries including but not limited to the country in which you are resident or from which you use the Service or Site.
Your use of certain software for your Dash Device is governed by the end user license agreement provided with your Dash Device and which may also be made available at dash.chumby.com/eula (“EULA”), as such EULA may be amended from time to time.
Software included in the Dash Device, Service and/or the Site may allow Sony and/or third parties to collect data from, control, and/or monitor the Dash Device and other devices running or interacting with such Sony-provided software and your use of the Service and Site. You hereby consent to such activities. In order to use certain features of the Service, you will be required to provide certain personally identifiable information to Sony and its affiliates. Sony will only use such personally identifiable information in accordance with the terms of its respective privacy policies. In this regard, you agree to Sony’s current privacy policy that is available at www.sony.com/selprivacy(“Sony Privacy Policy”). Sony’s privacy policy may change from time to time and by your continued use of the Site or Services, you are indicating your acceptance of such changes. It is your responsibility to consult the abovementioned link periodically for any changes to this policy.
By accessing the Service through the Site, you agree to be bound by these TOS and the Sony Privacy. If you do not agree to the terms of these TOS and the Sony Privacy Policy as amended from time to time, Sony is unwilling to allow you to, you have no right to, and you may not access or use the Service, Site, or Content.
YOUR RIGHT TO USE THE SERVICE
The Service (including Content made available to you on or through the Site) is for your personal use only. Except as expressly provided in these TOS, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, modified, exchanged, sold, transmitted, or distributed in any way (including but not limited to "mirroring") for any business or commercial purpose, without, in each and every case, Sony's express prior written consent. You may not remove any copyright or trademark notices or other proprietary notice language found on the Site or contained in the Content. As long as you comply with these TOS, Sony grants you a non-exclusive, non-transferable, limited right to use the Service, and to access, display, and use the Site and Content strictly for your personal use, which includes the right to download certain applications within the Content, to the extent such applications are made available for download, to your Dash Device, and to share such downloaded applications with other registered users of Dash Devices, to the extent such applications are made available for sharing from one Dash Device to another.
SONY’S CONTENT
All materials on the Site, including but not limited to graphics, user and visual interfaces, audio, images, software, widgets, applications, text, and video clips ("Content"), as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of the Site or such Content and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Site, are all owned or licensed by or to Sony, its affiliates or third party licensors, including but not limited to, developers who provided such Content. You cannot use the Content except as specified herein. You agree to follow all instructions on the Site limiting the way you may use the Content. Any unauthorized use of the Content may violate copyright, trademark, trade dress or patent laws, or various other intellectual property rights and unfair competition laws, the laws of privacy and publicity, and civil and criminal statutes. By making them available through the Service or on the Site, Sony is not granting you any license to utilize the domain names, trademarks, service marks, proprietary logos, and other distinctive brand features found on the Site. You may: (a) download one (1) copy only of certain applications within the Content to your Dash Device, solely to the extent such applications are made available for download from the Site to your Sony Dash Device and you may reproduce, execute, display, and use such applications on your Dash Device; and (b) you may share such downloaded applications with other registered users of Dash Devices, solely to the extent such applications are made available for sharing from one Dash Device to another; provided that you: (i) do not remove any copyright or trademark notices or other proprietary notice language contained in the copy of such Content; (ii) use such Content only for your personal, non-commercial, informational purposes and do not copy or post such Content on any networked computer or broadcast it in any media; (iii) make no modifications to any such Content; and (iv) do not make any additional representations or warranties relating to such Content.
RESTRICTIONS ON YOUR USE OF THE SITE AND SONY’S CONTENT
(a) You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
(b) You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Sony server, or to any of the services made available on or through the Site, by hacking, password "mining" or any other illegitimate means.
(c) You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Site or any other customer of Sony, including but not limited to any Sony account not owned by you, to its source, or exploit the Site or any Content, service or information made available on or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
(d) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Sony's servers, systems or networks, or any systems or networks connected to the Site, or to any third party server, system or network which hosts, operates or otherwise supports the Site.
(e) You agree not to nor use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
(f) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Sony on or through the Site or any service made available on or through the Site.
(g) You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(h) You acknowledge that all the intellectual property rights in the Service, Site and Content are owned by Sony, its affiliates or third party licensors of Sony, including but not limited to, developers who provided such Content. Except as expressly permitted under these TOS, you agree not to: (i) modify, distribute or create derivative works based on the Content; (ii) rent, lease, loan, or sell access to the Content; or (iii) decompile, reverse engineer or copy any Content.
(i) You will not use any information obtained on or through the Site in order to contact, advertise to, solicit, or sell to any user of the Site without such user's prior explicit consent. In order to protect users of the Site from such advertising, solicitation and sales, Sony reserves the right to restrict the number of communications you may send to any other user in any twenty-four (24) hour period to such a number which Sony deems appropriate in its sole discretion, and to establish general policies and limits concerning your use of the Site.
(k) You may not use the Service, Site or any Content for any purpose that is unlawful or prohibited by these TOS, or to solicit the performance of any illegal activity or other activity which infringes or violates any right of Sony or others.
SONY’S RIGHTS TO USER’S MATERIAL
If you post, send, transmit, upload, or otherwise publish any communications or materials to Sony, the Service, or the Site by electronic mail or otherwise (“Materials”), including without limitation, any selections, comments, data, questions, suggestions, or the like, all such Materials are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that use of such Materials violates any of your rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way Sony uses such Materials. Any Materials may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Sony, or parties receiving it from Sony, anywhere in the world, in any medium, forever and without any attribution or compensation to you. Furthermore, you hereby assign all right, title, and interest in, and Sony is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Materials, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Materials. However, you agree and understand that Sony is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques in the Materials, and you have no right to compel such use, display, reproduction, or distribution. You represent and warrant that: (a) you own the Materials and any other content you provide, or otherwise have the right to grant the rights set forth in this paragraph; and (b) the Materials and any other content you provide do not violate the privacy rights, publicity rights, copyright rights, trade secret rights, or any other rights of any person or entity. You acknowledge and agree that Sony may create content that is, in whole or part, similar to or based on the Materials or any other content you provide.
RULES AND RESPONSIBILITY FOR MATERIALS SUPPLIED BY YOU
The Site may have an area which allows you to "chat" or upload and download materials, communications and other content, including without limitation, Materials. When using any of these areas and otherwise using the Site and Service, you agree not to conduct any activity, or to post, send, transmit, upload, or otherwise publish through the Site or Service, any materials, communications or other content that: (a) interfere with anyone else's use of the Service or Site; (b) are defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing, or threatening in any way; (c) constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise intentionally or unintentionally violate any law, rule or regulation; (d) violate anyone's copyright, trademark, patent, trade secret, or other personal or proprietary right; (e) invade or interfere with the privacy of any other user; (f) contain a virus or any other harmful component; or (g) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional rules and terms which are referred to on the Site or any other website accessed from the Site, applicable to forums, bulletin boards, chatrooms, discussions, postings, transmissions, and the like. Although Sony may from time to time monitor or review forums, bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, Sony is under no obligation to do so and assumes no liability or responsibility arising from the activities, materials or communications associated with such forums, bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, or for any defamation, error, inaccuracy, libel, obscenity, or profanity in connection therewith. Sony may, at any time without notice and in its sole discretion, stop, modify, edit, or remove any user activity, material or communications for any or no reason, including but not limited to those that are defamatory, abusive, illegal, indecent, obscene, hateful, offensive, harassing, or threatening in any way, or that violate Sony's policies in any way. You agree that you are solely and entirely responsible and liable for all activities conducted, and materials and communications posted, sent, transmitted, uploaded, and otherwise published by, or on behalf of, you through the Site and Service. You understand that by using the Site and Service you may be exposed to activities, materials and communications that you may find defamatory, abusive, illegal, indecent, obscene, hateful, offensive, harassing or threatening, and that, in all respects, you use the Site and Service at your own risk and discretion.
LINKS
The Site may contain links to other Internet sites on the World Wide Web. Sony provides such links for your convenience only, and is not responsible for, nor does it control or endorse, the content of any website linked to or from the Site. Links from the Site to any other website do not mean that Sony approves of, endorses, or recommends that website. You will need to make your own independent judgment regarding your interaction with any website linked to or from the Site. Sony disclaims all warranties, express or implied, regarding all websites linked to or from the Site, including but not limited to as to the accuracy, legality, reliability, or validity of any content on any such websites. You acknowledge that it is your responsibility to comply with the terms and conditions of any websites linked to or from the Site.
TRANSMITTED INFORMATION
Internet transmissions are never completely private or secure. You understand that any message or information you send to Sony may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Sony does not cause Sony to have any special responsibility to you.
ACCOUNTS, PASSWORDS AND SECURITY
Your access and use of the Site, Service and Content requires you to have an account (including a Sony ID and password). By accessing and using the Site, Services or Content, you represent and warrant that: (a) all information you submit is true, accurate, current, and complete information about yourself; (b) you will maintain/promptly update such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Service, Site and Content does not violate any applicable law, rule or regulation. You are entirely responsible for maintaining the security and confidentiality of the information you hold for your account, including but not limited to your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify Sony immediately of any unauthorized use of your account or password, or any other breach of security. Should you ever decide to return or transfer, or otherwise no longer possess, your Dash Device that is linked to one or more of your accounts, you agree to: (i) de-register your Dash Device by deleting it from any and all accounts you may have established on or have access through your Dash Device; and (ii) reset your Dash Device to its original factory settings. You may be held liable for losses incurred by Sony or any other user of, or visitor to, the Site due to someone else using your Sony ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's Sony ID, password or account at any time without the express permission and consent of the holder of that Sony ID, password or account. Sony cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
EXCLUSION OF WARRANTY
YOUR USE OF THE SERVICE, SITE AND CONTENT ARE AT YOUR OWN DISCRETION AND RISK. THE SERVICE, SITE AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS AND ITS HOSTING and other third party SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS HOSTING and other third party SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICE, SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, or that they will be updated, OR THAT THE OPERATION OF THE SERVICE OR SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. FURTHERMORE, SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS HOSTING and other third party SERVICE PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, SITE OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, completeness, OR OTHERWISE. SONY CANNOT ENSURE THAT ANY CONTENT, SERVICES, FILES OR OTHER DATA YOU ACCESS OR DOWNLOAD FROM OR THROUGH THE SERVICE, SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, AND SONY DISCLAIMS ANY LIABILITY RELATED THERETO. SONY FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE AND SITE AND/OR ANY OF THEIR FEATURES OR CONTENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE, SITE AND ANY WEBSITES LINKED TO OR FROM THE SITE. YOUR SOLE REMEDY AGAINST SONY FOR DISSATISFACTION WITH THE SERVICE OR SITE OR ANY OF THEIR FEATURES OR CONTENT IS TO STOP USING THE SERVICE OR SITE OR ANY SUCH FEATURE OR CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND SONY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, OR ITS HOSTING and other third party SERVICE PROVIDERS SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY AND CONDITION.
LIMITATION OF LIABILITY
IN NO EVENT WILL SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, OR ITS HOSTING and other third party SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THE USE, OR LOSS OF USE OF, THE dash DEVICE, SONY-PROVIDED SOFTWARE, SERVICE, SITE, OR CONTENT, LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS PROFITS, OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON WHATSOEVER, WHETHER BASED ON THEORIES OF CONTRACT or TORT (including, without limitation, negligence or STRICT LIABILITY), EVEN IF SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, OR ITS HOSTING and other third party SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICE, SITE AND CONTENT ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK. SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS AND ITS HOSTING and other third party SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SERVICE, SITE OR CONTENT. IF, NOTWITHSTANDING THE TERMS OF THESE TOS, SONY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TOS, INCLUDING BUT NOT LIMITED TO YOUR USE OF THE SERVICE, SITE OR CONTENT, SONY'S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED US DOLLARS (US$100.00).
Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages, exclusions or limitations of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
RELEASE
You hereby release Sony, its affiliates, its third party licensors, and its hosting and other third party service providers, and its and their respective directors, officers, employees, agents, information providers, licensors and licensees, and successors and assigns from and against any and all demands, claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses of any kind, including but not limited to, personal injuries, death and property damage, that arise from, out of or in connection with, or incident to, directly or indirectly, the use of the Site, Services or Content.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sony, its affiliates, its third party licensors, and its hosting and other third party service providers, and its and their agents, directors, officers, employees, information providers, licensors, and licensees (each an “Indemnified Party”), from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Party(s) in connection with any actual or alleged claim arising out of: (a) your use of the Service, Site or Content; (b) any breach or alleged breach by you of these TOS in any manner; (c) any use of the Materials or other information you submit to Sony hereunder; (d) any breach or alleged breach by you of a third party’s rights; (e) any damage caused by or alleged to have been caused by you to the Content, Service or Site; or (f) any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation. Counsel you select for defense or settlement of a claim must be consented to by Sony and/or the Indemnified Party(s) prior to counsel being engaged to represent you and Sony and/or the Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested, by the Indemnified Party(s) in defense or settlement of any claim. Sony and/or the Indemnified Party(s) reserve the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of Sony or any Indemnified Party(s) without the prior written consent of Sony and/or the Indemnified Party(s).
AUTOMATIC UPDATE FEATURE / MODIFICATION OF TOS
Sony may, in its sole discretion, add, change, modify, discontinue, remove, or suspend any portion or feature of, the Service, Site or Content, temporarily or permanently, at any time, without notice and without liability. Such additions, changes or modifications may change or delete the nature of features or other aspects of the Service, Site or Content, including features you may rely upon. You hereby agree that such activities may occur at Sony’s sole discretion and that Sony may condition continued use of the Service, Site and/or Content upon your complete installation or acceptance of such additions, changes or modifications. Sony may add to, change, or remove any part, term, or condition of these TOS at any time without prior notice to you. It is your responsibility to check these TOS periodically for changes. By continuing to use the Service, you are indicating your acceptance of such changes. Sony may take any legal, equitable and technical remedies to prevent violation of and/or to enforce these TOS, including, without limitation, immediate termination of your use of the Service and/or Content, and/or access to the Site, if Sony believes in its sole discretion that you are violating these TOS.
FEES
Sony currently provides the Service (including access to the Site and Content) free of charge, but reserves the right in the future to charge for your use of the Service and to change its fees from time to time in its sole discretion, upon notice to you.
EXPORT RESTRICTIONS
You may not and agree not to use, export or re-export any portion of the Service made available through the Site, or any Content or any copy or adaptation of such Content, in violation of any applicable laws, rules or regulations, including but not limited to, United States export laws, rules and regulations. By downloading, copying or using the Content, you represent and warrant that such download, copy or use is not in violation of any such laws, rule or regulation.
RESTRICTIONS ON EXPORT OF ENCRYPTION TECHNOLOGY
The software in certain Content may contain encryption technology. You acknowledge that any export of such Content from the United States or subsequent re-export of such Content by a person located outside of the United States requires a license or other authorization from the U.S. Department of Commerce’s Bureau of Industry and Security. You further acknowledge that any Content that contains encryption technology and which is obtained on or through the Site or Service, is not intended for use by a foreign government end user. By accepting these TOS, you agree to abide by all relevant U.S. export laws and regulations in the purchase and use of Content containing encryption technology, including but not limited to those regulations relating to the export control of cryptographic items and not to transfer, or authorize the transfer, of such Content to a prohibited country or otherwise in violation of any such restrictions or regulations.
US GOVERNMENT CUSTOMERS
Software contained in Content is a “Commercial Item” as that term is defined in 48 C.F.R. Sec. 2.101, consisting of “Commercial Computer Software” (as defined in 48 C.F.R. Sec. 2.101) and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Sec. 12.212 or 48 C.F.R. Sec. 227.7202, as applicable. Consistent with 48 C.F.R. Sec. 12.211 and 12.212, and 48 C.F.R. Sec. 227.7202-1 through Sec. 227.7202-4, as applicable, software contained in Content is being provided to U.S. Government Customers: (a) only as a Commercial Item; and (b) with only those license rights as are granted to all other end users pursuant to the terms and conditions of these TOS. This U.S. Government Customers clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software or computer software documentation.
HIGH RISK ACTIVITIES
The Dash Device, Site, Service, and Content are not fault-tolerant and are not designed, manufactured, provided, or intended for use in, or in connection with, hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Dash Device, Site, Service, or Content could lead to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS HOSTING AND OTHER THIRD PARTY SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTIONS OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.
COPYRIGHT NOTICE
If you believe that any copyrighted work of yours has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
(a) Your name, address, telephone number, and
email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) The exact URL or a description of where the alleged infringing material is
located;
(d) 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;
(d) An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; and
(e) A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Sony Electronics Inc.
16530 Via Esprillo
San Diego, CA 92127
Attn: Intellectual Property Agent
Phone: 858.942.7795
E-Mail: ipagent@am.sony.com
By this notice, Sony seeks to preserve any and all exemptions from liability that may be available under 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.
VOID WHERE PROHIBITED
The Site is administered and operated from San Diego, California, USA. Other websites linked through the Site may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all Services or Content discussed, referenced, provided or made available on or through the Site are available to all persons or in all geographic locations, or are appropriate or available for use outside the United States. Sony reserves the right to limit, in its sole discretion, the provision and quantity of any Service or Content to any person or geographic area. Any offer for any Service or Content made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws, rules and regulations.
JURY TRIAL WAIVER
TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THESE TOS. Any cause of action arising under these TOS must be commenced within one (1) year after the claim or cause of action arises.
ENTIRE AGREEMENT, NOTICE, WAIVER AND SEVERABILITY
These TOS, any additional terms and conditions posted on the Site, the Sony Privacy Policy, and the EULA, together constitute the entire agreement between you and Sony with respect to the Site, Service and Content (excluding any services or content which Sony may provide to you under a separate written agreement), and the Dash Device, and completely supersedes, cancels and replaces any and all other written or oral agreements or understandings previously existing between you and Sony with respect to such use. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these TOS, including without limitation, the Site, Service or Content. Furthermore, these TOS (including without limitation, the Site, Service and Content) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA, even if such law is adopted in Ontario, Canada. Any notice by Sony hereunder may be made by letter, e-mail or posting through the Service or on the Site. The failure of Sony to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any part of these TOS is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these TOS, and the other parts will remain in full force and effect.
THIRD PARTY BENEFICIARIES
These TOS shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party shall be a third party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these TOS that confers a right or remedy in favor of it.
TERM AND TERMINATION
Sony reserves the right to do any of the following, at any time, without notice: to modify, interrupt, suspend or terminate operation of or access to the Service and/or Site, or any portion of the Service and/or Site, for any or no reason. In addition, Sony may terminate your access to the Service and Site, and/or block your future access to the Service and Site, without notice, if you fail to comply with these TOS and in such event, you must cease using the Service, which includes without limitation, refraining from accessing or using the Site. You may stop using the Service at any time, which includes without limitation, refraining from accessing or using the Site. Upon termination of your use of the Service and/or Site for any reason, you will have no recourse against Sony, its affiliates, its third party licensors, or its hosting and other third party service providers for your inability to use the Service and/or Site, and you must destroy any copies of Content in your possession, including any Content downloaded through the Service and/or Site onto your Dash Device. Any of your obligations under these TOS which by their nature are intended to survive the termination of your use of the Site or Service, shall continue to apply to you after you cease to use the Service and/or Site.
RULES FOR KIDS (UNDER AGE 16)
If you are under 16, you should ask your parents or a guardian before you: (i) email the Site, or ask us to e-mail anything to you; (ii) send in any information; (iii) enter any contest or game that requires information about you or offers a prize; (iv) join any club or group; (v) post any information on any forum, bulletin board or enter any chatroom; or (vi) buy anything online.
NOTICE TO/REGARDING CHILDREN UNDER THE AGE OF 13
If you are under 13 years of age, you should not provide any personally identifiable information (for example, your last name, home address or e-mail address) through the Service, Content or Site without the knowledge and permission of your parent or guardian. If Sony learns that you are under 13 years of age, Sony will not maintain or use any personally identifiable information about you without the verifiable consent of your parent or guardian, except as allowed by law. This may mean that you will be unable to use certain features of the Service, Content and the Site without that verifiable consent.
Should you have any questions concerning these TOS, you may contact Sony by writing to:
Sony Electronics Inc.
16530 Via Esprillo
San Diego, CA 92127
Attn.: Vice President, Dash Device
