effective date: august 19, 2016. prior versions of these terms are available here ., to print and download these terms of use ("terms"), click here ., introduction please read these terms carefully before using our websites and any online services, software or apps provided by sony pictures entertainment inc. or its family of companies (collectively, ", spe, ", ", we, ", or ", us, " or ", our, ") that post a link to these terms (the ", service, "). by visiting or otherwise using the service in any manner, you agree to the then posted terms and any applicable additional terms, to be bound by them, and that you have read and understood them. you also acknowledge, agree and consent to our data practices as described in our privacy policy and any children's privacy policy posted on the applicable portion of the service. these terms affect…, if you do not wish to be bound by these terms and any additional terms, do not use the service and uninstall service downloads and applications., additional terms in some instances, additional or different terms, posted on the service, apply to your use of certain parts of the service (individually and collectively ", additional terms, "). to the extent there is a conflict between these terms and any additional terms, these terms will control unless the additional terms expressly state otherwise. updates to these terms and additional terms we may prospectively change these terms and additional terms by posting new or changed terms on the service as more fully explained here . quick links, we have summarized some (but not all) of the main topics of these terms below. the complete provisions, and not the headings or summaries govern., grants and limitations of rights we only grant you a limited revocable license to use the service subject to rules and limitations. more you grant us a broad license to the content you submit and to your profile. you retain ownership of and responsibility for your content. we have the right to manage our service to keep its content appropriate. more your use of our service is subject to various…, a. ownership., the service and all of its content (", content, "), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (", intellectual property, "), are owned or controlled by spe, our licensors, and certain other third parties. all right, title, and interest in and to the content and intellectual property available via the service is the property of spe, our licensors or certain other third parties, and is protected by u.s. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair…, b. your rights to use the service and content., (i) your right to use the service and content is subject to your strict compliance with these terms and the additional terms. your right to access and use the service and the intellectual property shall automatically terminate upon any violations. these rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. as your right to…, spe licensed elements, "): (1) display, view, use, and play the content on a computer, mobile or other internet enabled or permitted device (", device, ") and/or print one copy of the content (excluding source and object code in raw form or otherwise) as it is displayed to you; (2) stream the content using any of the widgets and/or other digital streaming internet video players, if any, provided on the service (any such widget or other digital streaming internet video player referred to as a ", service widget, "); (3) cut and paste certain code expressly made available to you through the service (whether such functionality is designated as "sharing" functionality or not) in order to embed, re-publish, maintain, and/or display the specific content to which such code relates on your own personal, customized social networking web page(s), web blog(s), or microblog(s) (collectively, your ", personal social media, "), and/or, if the service provides "widget grabbing and embedding" functionality, to "grab" a service widget and embed, re-publish, maintain, and/or display such service widget on your personal social media; (4) cut and paste certain code expressly made available to you through the service, and/or if the service provides "widget grabbing and embedding" functionality, to "grab" a service widget,…, software, ") on your device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the software, spe does not transfer title to the software to you (i.e., you own the medium on which the software is recorded, but the software's owner (which may be spe and/or its third party software…, c. additional terms for usage subscriptions., purchases of usage subscriptions ( e.g. , credits, points, and/or virtual currency) or any virtual items made available on the service are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use those items only, even if such came with a…, d. rights of others., in using the service, you must respect the intellectual property and rights of others and spe. your unauthorized use of content may violate the rights of others and applicable laws, and may result in your civil and criminal liability. if you believe that your work has been infringed via the service, see section 5 below., e. reservation of all rights not granted as to content and service., these terms and any applicable additional terms include only narrow, limited grants of rights to use and access the service and content. no right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. all rights not expressly granted to you are reserved by spe and its licensors and other third parties. any unauthorized use of any content or…, a. user-generated content., (i) general., spe may now, or in the future, offer users of the service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our…, submit, ") messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding spe licensed elements included therein, ", user-generated content, " or ", ugc, "). you may submit ugc through your profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, and other communications functionality. except to the extent of the rights and license you grant in these terms and, subject to any applicable additional terms, you are responsible for and retain whatever legally…, (ii) non-confidentiality of your user-generated content., except as otherwise described in the service's posted privacy policy , or any applicable additional terms, you agree that (a) your ugc will be treated as non-confidential and non-proprietary by us - regardless of whether you mark them "confidential," "proprietary," or the like - and will not be returned, and (b) to the maximum extent not prohibited by applicable law, spe does not assume any…, unsolicited ideas and materials, "). any unsolicited ideas and materials you submit are deemed ugc and licensed to us as set forth below. in addition, spe retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. spe's receipt of your unsolicited ideas and materials is not an admission by spe of their novelty, priority, or originality, and it does not impair spe's right…, (iii) license to spe of your ugc., except as otherwise described in any applicable additional terms (such as a promotion's official rules), which specifically govern the submission of your ugc, you hereby grant spe, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through…, (iv) spe's exclusive right to manage our service., spe may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your ugc, and spe may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of ugc without notice or any liability to you or any third party in connection with our operation of ugc venues in an appropriate manner…, (v) representations and warranties related to your ugc., each time you submit any ugc, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any ugc you submit, and that, as to that ugc, (a) you are the sole author and owner of the intellectual…, (vi) enforcement., spe has no obligation to monitor or enforce your intellectual property rights to your ugc, but you grant us the right to protect and enforce our rights to your ugc, including initiating actions in your name and on your behalf (at spe's cost and expense, to which you hereby consent and irrevocably appoint spe as your attorney-in-fact, with the power of substitution and delegation, which…, b. appropriate content and alerting us of violations., we expect ugc to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. we may include venue and content rules as additional terms. if you discover any content that violates these terms or any applicable additional terms, then you may report it here . for alleged infringements of…, a. service use restrictions., you agree that you will not: (i) use the service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any intellectual property; (iii) engage in any activities through or in connection with the service that seek to attempt…, b. content use restrictions., you also agree that, in using the service, you: (i) will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind…, c. availability of service and content., spe, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the service and/or content (and any elements and features of them), in whole or in part, for any reason, in spe's sole discretion, and without advance notice or liability. back to top creating an account, a., if you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account. passwords must be personal, unique username (or email address) that does not violate the rights of any person or entity, or is offensive. we may reject the use of any…, b., accounts may only be set up by an authorized representative of the individual that is the subject of the account. we do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the service. for any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine…, a., if you are a copyright owner who would like to send us a notice pursuant to the digital millennium copyright act (", dmca, ") to identify content or material posted on the service that is infringing that you would like removed from our service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a dmca counter-notice, you may submit such notice to us by following the instructions here. back to top notices, questions and customer service, a., you agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. all legal notices to us must be sent to: sony pictures entertainment inc., 10202 w. washington boulevard, culver city, ca 90232 (attn: legal department -- notices). if you have a question regarding the service, you may contact spe…, a., we strive to accurately describe our products or services offered on the service; however, we do not warrant that such specifications, pricing, or other content on the service is complete, accurate, reliable, current, or error-free. in the event of any errors relating to the pricing, availability, or specifications, spe shall have the right to refuse or cancel any orders in its sole discretion.…, a. third-party content and sites; advertisements., the service may contain third party plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by spe, including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with spe (collectively, ", third-party services, "). we may also host our content, apps, and tools on third-party services. spe has no control over the content, operations, policies, terms, or other elements of third-party services, and does not assume any obligation to review them. spe does not necessarily review, endorse, approve, or sponsor any third-party services, or any third-party content, advertising, information, materials, products,…, b. apple and other platforms and devices., if you are accessing or using the service through apple, android, or other third party platforms or services, those third-party services' own terms and policies apply to such access and usage. without limitation, additional terms for apple users can be found here which are applicable to you and are incorporated into these terms by this reference., c. dealings with third parties., any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the service (including on or via third-party services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security,…, a. forum selection/jurisdiction., jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the service, the content, your ugc, these terms, or any applicable additional terms, whether before the effective date of these terms or after arising (collectively, ", dispute, ") shall be in los angeles, california. each party submits to personal jurisdiction and venue in los angeles, california for any and all purposes., b. pre-arbitration notification., spe and you agree that it would be advantageous to discuss and hopefully resolve any disputes before formal proceedings are initiated; provided, however, that spe need not do so in circumstances where its claims of intellectual property rights are concerned (", ip disputes, ," with all other disputes referred to as ", general disputes, "). the party making a claim - whether you or spe - shall send a letter to the other side briefly summarizing the claim and the request for relief. if spe is making a claim, the letter shall be sent, via email, to the email address listed in your spe account, if applicable. if no such information exists or if such information is not current, then we have no notification or delay obligations under…, c. arbitration of claims., all actions or proceedings arising in connection with, touching upon or relating to this agreement, the breach thereof and/or the scope of the provisions of this section shall be submitted to jams for final and binding arbitration under its comprehensive arbitration rules and procedures if the matter in dispute is over $250,000 or under its streamlined arbitration rules and procedures if the…, d. limitation on injunctive relief., as permitted by applicable law if you claim that you have incurred any loss, damages, or injuries in connection with your use of the service, then the losses, damages, and injuries will not be deemed irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. this means (without limitation) that, in connection with your claim, you agree that you will not…, e. governing law., these terms and any applicable additional terms, dispute and ip disputes, and any other claim brought by you against spe or by spe against you pursuant to this section 9, or otherwise related to the service, content, spe licensed elements, ugc or other spe products or services, will be governed by, construed, and resolved in accordance with, the laws of the state of california, u.s.a., without…, f. class action waiver., both you and spe waive the right to bring any dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any dispute brought by anyone else. notwithstanding any provision in the jams comprehensive arbitration rules and procedures to the…, g. jury waiver. the parties hereby waive their right to jury trial with respect to all claims and issues arising under, in connection with, touching upon or relating to this agreement, the breach thereof and/or the scope of the provisions of this section, whether sounding in contract or tort, and including any claim for fraudulent inducement thereof. the parties acknowledge that the provisions of…, h. limited time to file claims. to the fullest extent permitted by applicable law, if you or we want to assert a general dispute (but not an ip dispute) against the other, then you or we must commence it (by delivery of written notice as set forth in section 9.b) within one (1) year after the dispute arises - or it will be forever barred., i. small claims matters., notwithstanding the foregoing, either of us may bring qualifying claim of general dispute (but not ip disputes) in small claims court, subject to section 9.f., j., the provisions of this section shall supersede any inconsistent provisions of any prior agreement between the parties. this section 9 shall remain in full force and effect notwithstanding any termination of your use of the service or these terms. back to top disclaimer of representations and warranties, a., as permitted by applicable law, your access to and use of the service is at your sole risk and the service is provided on an "as is", "as available", and "with all faults" basis. to the fullest extent permissible by law, spe and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors,…, spe parties, ") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the service, content, spe licensed elements, ugc or other spe products or services, except as set forth in subsection c, below., b. except for any specific warranties provided herein, or in applicable additional terms, or as otherwise required by applicable law, spe parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet…, c. for purposes of clarity, this section does not expand or limit any express, written product warranty or related disclaimers that are provided by spe or a manufacturer with regard to a physical product sold by us, or any warranty on a physical product to the extent required by applicable law., back to top limitations of our liability, a. as permitted by applicable law, under no circumstances will any spe parties be responsible or liable for any loss or damages of any kind,, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the service, content, spe licensed elements, ugc or other spe products or services, except for direct…, b., the foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if spe parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god,…, c. as permitted by applicable law, in no event will spe parties' total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the service and your rights under these terms, exceed an amount equal to the amount you have paid spe in connection with the transaction(s) that underlie the claim(s). for purposes of clarity, this sections…, back to top updates to terms, a., it is your responsibility to review the posted terms and any applicable additional terms each time you use the service (at least prior to each transaction or submission). each time you sign in to or otherwise use the service you are entering into a new agreement with us on the then applicable terms and conditions and you agree that we may notify you of new terms by posting them on the service (or…, a. spe's consent or approval., as to any provision in these terms or any applicable additional terms that grants spe a right of consent or approval, or permits spe to exercise a right in its "sole discretion," spe may exercise that right in its sole and absolute discretion. no spe consent or approval may be deemed to have been granted by spe without being in writing and signed by an officer of spe., b. indemnity., you agree to, and you hereby, defend (if requested by spe), indemnify, and hold spe parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or…, claims and losses, "). you will cooperate as fully required by spe parties in the defense of any claim and losses. notwithstanding the foregoing, spe parties retain the exclusive right to settle, compromise, and pay any and all claims and losses. spe parties reserve the right to assume the exclusive defense and control of any claims and losses. you will not settle any claims and losses without, in each instance,…, d. operation of service; availability of products and services; international issues., spe controls and operates the service from the u.s.a., and makes no representation that the service is appropriate or available for use beyond the u.s.a. if you use the service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply., e. export controls., you are responsible for complying with all applicable trade regulations and laws both foreign and domestic. except as authorized by u.s. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to u.s. export controls or sanctions., f. severability; interpretation., if any provision of these terms, or any applicable additional terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these terms or the applicable additional terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these…, g. investigations; cooperation with law enforcement; termination; survival., spe reserves the right, without any limitation, to: (i) investigate any suspected breaches of its service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these terms and any applicable additional terms, (iii) investigate any information obtained by spe in accordance with its privacy policy in connection with reviewing law enforcement…, h. assignment., spe may assign its rights and obligations under these terms and any applicable additional terms, in whole or in part, to any party at any time without any notice. these terms and any applicable additional terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of spe., i. complete agreement; no waiver., these terms, and any applicable additional terms, reflect our complete agreement regarding the service and supersede any prior agreements, representations, warranties, assurances or discussion related to the service. except as expressly set forth in these terms or any applicable additional terms, (i) no failure or delay by you or spe in exercising any of rights, powers, or remedies under will…, j. california consumer rights and notices., residents of california are entitled to the following specific consumer rights information: you may contact the complaint assistance unit of the division of consumer services of the department of consumer affairs by mail at: 1625 north market blvd., suite n-112, sacramento, california 95834, or by telephone at 800.952.5210 or (916) 445-1254. their website is located at: http://www.dca.ca.gov .…
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