Sony Online Entertainment LLC
Terms of Service

This Web site (referred to as "The Station") is offered to you, the user, by Sony Online Entertainment LLC ("SOE") conditioned on your acceptance, without modification, of the terms, conditions, policies and notices contained herein. Your use of The Station constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement"). The Agreement is applicable only to The Station and its subsites and not other sites on the World Wide Web owned or operated by Sony Corporation, its subsidiaries, affiliates and related entities ("Sony Family"). SOE may change, add or remove any part of this Agreement, or any other terms associated with the use of The Station, at any time, by posting a notice of such changes. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use The Station after the notice is posted, you are indicating your acceptance of those changes.

The Station is only for your personal use. You may not sell or exchange anything you copy from The Station or use it for any business or commercial purpose. As long as you comply with the terms of this Agreement, SOE grants you a non-exclusive, non-transferable, limited right to enter, use, perform and display The Station and everything on it. You agree not to interrupt or attempt to interrupt the operation of The Station in any way.

Privacy Policy

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY FORUM.

This privacy statement is applicable to The Station, SOE content contained therein, and all services and forums provided thereon.

SOE respects the privacy concerns of all users of The Station. SOE also recognizes the valuable potential of technology to help people communicate with the companies whose web sites they visit, particularly through customer databases. Responsible use of the information you share with SOE is paramount. In order to help you understand how the information you provide SOE will be used, SOE has created and implemented the following guidelines.

1. Your Personal Information

A. Do you have to provide personal information to interact with The Station?

You can visit The Station as a guest while remaining anonymous by not providing any personal information (although you may not be able to access all of the features and functionality of The Station if you do not register with The Station). In some cases, The Station may automatically collect information about you that is not personally identifiable. Examples of this type of information include the type of internet browser you are using, the type of computer operating system you are using, the domain name of your Internet service provider and/or the Web site from which you linked to The Station site or advertisement. When you play games which are automatically updated or "patched," the patch routine may check to see that you have the most recent version of game-specific files.

B. What kind of personal information will The Station ask you to provide and why?

In order to register for The Station, we require you to provide us with the following personal information: your name, full e-mail address, country of residence, zip/postal code, birthdate and gender. You can opt whether or not to provide the following additional personal information when registering for The Station: your education level, marital status, income level and the number of children in your household.

We will require that you provide us with your name, credit card number and other information when you sign up to play a fee-based game, such as EverQuest. When you give The Station sensitive information (e.g., credit card numbers), we will give you the option of protecting such information by establishing a secure connection to our web server.

We may require that you provide us with other kinds of personal information for sweepstakes, contest registration and other features of The Station.

REMEMBER: The Station will not collect any personal information about you unless you provide it voluntarily.

ALSO, REMEMBER: Personal information voluntarily disclosed by you within The Station's chat areas, message boards or during game play can be collected by other users of such services and may result in unsolicited messages.

C. How does The Station use your personal information?

The Station's internal use: We use the information we collect to learn what you like, tailor your experience accordingly, and to improve The Station and our other products. We send e-mail to our members who want to receive e-mail from us. However, if you don't want to receive e-mail from us, you can "opt out" of receiving it at the time you register as a member on the Station or each time we request information from you.

Sharing of Information with Third Parties: We will not give any of your personal information to any third party without your express approval. The only personal information we will ask you if you want us to share with third parties is your name and e-mail address. If you don't want us to share your name and e-mail address, you can tell us that by clicking on "No" in the box at the time you register as a member on the Station or each time we request information from you or at other points. We sometimes share aggregated (not personal) information with third parties about our user base, but that information does not include any individually identifiable material.

Sweepstakes and Joint Promotions: On occasion, we conduct various sweepstakes, contests and joint promotions with third parties. In those instances, we will specifically notify you of the intended use of your personal information, the relevant third party, and give you the opportunity to permit or preclude your personal information from being used.

Changing your mind; seeing your information: If you change your mind and do not want to receive e-mails from us or to have us share your name and e-mail address with third parties, you may send an e-mail to us at accounts@soe.sony.com . Subject to security and privacy concerns (e.g., regarding your password and credit card number), we will give you the ability to review, correct and/or update your information.

D. What are "Cookies" and how are they used?

Cookies are small files that may be downloaded to your computer to help the operator of a web site understand your usage patterns on that site. They may also improve the performance of a site for an individual by storing on your computer such items as user passwords, computer configuration, browser type, etc.

Most browsers are set to accept cookies without any action required by the user. You can alter that default setting by clicking the help button and following the instructions for your browser. However, if you set your browser not to accept cookies, some parts of The Station may not work correctly for you.

E. What happens to my personal information when I link from The Station to another site such as an advertiser's site?

Other web sites are linked to The Station, including those of advertisers whose ads appear on The Station. Those sites may have different privacy policies.

If you click on a hyperlink or an advertisement, you will be leaving The Station and you may go to a site where different information is collected about you. The Station does not know, and is not responsible for, what other web sites do with your personal information.

FOR KIDS - Ages 13 - 18

If you are under 18 years of age, you need to let your parent or guardian know about The Station's privacy policy and get his/her permission before giving us any of your personal information, even information required for The Station registration.

Also, get your parent's or guardian's permission before using the message board or chat features of The Station.

Don't post your real name on a web site, and never tell anyone online anything private about yourself or your family, including your phone number and address. Use screen names at all times.

If you win a contest that has a prize, your parent or guardian will have to mail or fax us a signed note at the address or fax number listed in the rules for the specific contest that says it was OK for you to enter, and tells us they will accept the prize for you.

You will be told to ask a parent before you pay for anything on The Station if you are under 18. (If you buy anything online, you or your parents may send it back within thirty days if you don't open it.)

Some areas of this web site may have special rules for children under the age of 18. When you are in those areas you must follow those rules.

FOR KIDS - Under Age 13

A new law went into effect April 21, 2000 (The Children's Online Privacy Protection Act) which imposed new rules regarding the collection of personal information from children under the age of 13. Because The Station is not directed to children under the age of 13, we can no longer provide or extend the memberships of individuals under the age of 13. Accordingly, as of April 20, 2000, we deactivated the user names and passwords of, and purged our database of any and all personal information of, all individuals under the age of 13. If you are under the age of 13, you may not create an account on The Station, shall not be eligible to enter any sweepstakes and/or promotions, and are asked not to provide any personal information to the Station or to SOE.

FOR PARENTS

Parents or guardians are encouraged to spend time online with their children to become familiar with the types of content available on The Station and the Internet in general. Parents should regularly oversee their children's use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. You can find out about software that protects your children at the Direct Marketing Association's home page at: http://www.the-dma.org. If your child has used your credit card on The Station without your permission, contact us immediately at accounts@soe.sony.com .

If a child has provided us with personally identifiable information, a parent or guardian of that child should contact us by sending an email to accounts@soe.sony.com if he/she would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our existing files.

STATION COMMUNICATION FEATURES

The Station's communication features (e.g., StationChat, Message Boards, pagers) are free services provided to members of The Station; other or similar communication features (e.g. in game chat, game related message boards and/or community areas) are services provided to some or all paying subscribers to certain games (collectively, "SOE's Communication Features"). By using any of SOE's Communication Features, you agree to be bound by the following terms and conditions. If you do not wish to be bound by these terms, then please do not use them.

You understand that anything sent through or appearing in SOE's Communication Features are the sole responsibility of those persons posting the message. This means that you, and not SOE, are entirely responsible for all information and material that you post there. SOE has no obligation to monitor or supervise SOE's Communication Features, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right to monitor or supervise them in its sole discretion. You understand that anything that you transmit through SOE's Communication Features is routed through SOE's servers and, therefore, you have no expectation of privacy in anything that you so transmit - even if you intend it to be a private message. Accordingly, you acknowledge that SOE's Communication Features are forums for public and not private communications.

SOE has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the SOE system or network who are repeat infringers. SOE may terminate access for content providers or forum participants (e.g., Message Boards, pagers) who are found repeatedly to provide or post protected material without necessary rights and permissions. SOE does not control the content of any postings in SOE's Communication Features and does not guarantee the accuracy, integrity or quality of anything within them. You understand that by using SOE's Communication Features, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will SOE be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within SOE's Communication Features. SOE retains the right to terminate The Station membership and/or game subscription of any Station member who violates the following Rules of Conduct.

Please carefully review SOE's policies concerning (i) submission of creative ideas, suggestions and materials, (ii) fan fiction and/or artwork, and (iii) uploading of photographs, located in Section 5 of The Station's General Terms and Conditions.

1. Rules of Conduct

You agree not to do any of the following while on The Station or in any SOE Communication Feature:

  1. transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity, including but not limited to, a Station official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  4. post or transmit any Content that contains a virus or corrupted data;
  5. delete any author attributions, legal notices or proprietary designations or labels that you upload to an SOE Communication Feature;
  6. use an SOE Communication Feature in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps], flooding [continuous posting of repetitive text] or excessively large embedded images);
  7. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
  8. intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and
  9. upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.

By submitting (e.g., uploading or transmitting) Content to an SOE Communication Feature, you automatically grant SOE the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived.

SOE and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any SOE Communication Feature. Without limiting the foregoing, SOE and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold SOE harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.

2. Links

The Message Boards may provide and users may include in messages, links to other Web sites or resources. SOE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. SOE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

3. Sony Online Entertainment Community Standard Policies and Procedures

GENERAL TERMS AND CONDITIONS

1. Fee-Based Station Games

Some contents and/or services on The Station may be offered to you on a fee basis. If you elect to purchase fee-based content and/or services and transmit to SOE a purchase request, you warrant that your use of the particular credit card is authorized and that all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees you incur. Any account name and password supplied to you in connection with fee-based content and/or service you purchase is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including, without limitation, your co-workers. Any distribution by you of such account name and password may result in cancellation of the fee-based content and/or service without refund and in additional charges based on unauthorized use.

You understand that online games, and system specifications necessary to play those games, may continuously evolve over time. Accordingly, SOE reserves the right to modify and/or increase the system specifications necessary to play any online game - whether free or subscription based - at any time and without notice.

2. Copyright and Trademark Notices

  1. All contents of this Web Site are: Copyright© 1997-2000 Sony Online Entertainment LLC and/or its parent and affiliated companies (the "Sony Family") and/or its suppliers, 8958 Terman Court, San Diego, CA 92121. All rights reserved. The Station is for the personal, non-commercial use of users.
  2. Sony and the Sony logo are registered trademarks of Sony Corporation. The Station @ sony.com and its logo are trademarks or servicemarks of Sony Online Entertainment LLC. Wheel of Fortune is a registered trademark of Califon Productions, Inc. Jeopardy! is a registered trademark of Jeopardy Productions, Inc. All other product and company names appearing on The Station are the tradenames, trademarks or registered trademarks of their respective owners.

3. Intellectual Property

  1. The Station, including, without limitation, all SOE Communication Features, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of The Station and each area contained therein are copyrighted as a collective work under the United States copyright laws. SOE owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on The Station (including, without limitation, content that The Station enables you to download) without the express written permission of SOE and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from The Station is allowed by you only for your own use. You acknowledge that SOE and/or third-party content providers remain the owners of all materials posted on The Station, and that you do not acquire any of those ownership rights by downloading copyrighted materials.


  2. Fan Sites

Solely in connection with your fansite or your fansite pages dedicated to the SOE games EverQuest, PlanetSide, Sovereign, Tanarus, Cosmic Rift, and Infantry, we can grant you, on a non-exclusive basis, permission to reproduce and redistribute on the fansite to end users, certain SOE game-related images, graphics or artwork (the "SOE Content") and certain SOE trademarks and logos (the "SOE Marks") that SOE may expressly designate "for fansite use" on fansite pages at www.station.com or its associated game sites, so long as you comply with the terms and conditions described here and on the fansite pages, as those terms and conditions may be modified from time to time in SOE's sole discretion. .

  1. As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to SOE that the fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of the Game, SOE, its parent or affiliate companies, or its officers or employees. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, SOE may terminate this permission. Your ownership in the fansite excludes the SOE Content and SOE Marks and excludes any derivative works based upon or including the SOE Content and/or SOE Marks. The fansite is not a "Joint Work" as that term is defined in the copyright law, title 17 United States Code.
  2. You agree to include SOE's trademark, copyright or other proprietary rights notices, as provided on the fansite page for the SOE Game referenced, when displaying SOE Content or SOE Marks, and agree to comply with usage guidelines that may be provided by SOE from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of SOE Content or Marks, including in digital form; nor challenge SOE's ownership of the SOE Content or SOE Marks, nor use or adopt any trademarks that might be confusingly similar to such SOE Marks.
  3. SOE reserves all rights, title and interest in and to the SOE Content and SOE Marks which are not expressly granted. You shall not rent, lease, reproduce, modify, translate or create derivative works of the SOE Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or content contained in the game or on The Station, without the express written permission of SOE. SOE does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the game or upon SOE Content or SOE Marks is expressly prohibited.
  4. If you intend to charge a subscription or access fee to generate revenue from the Fansite, we would require you to execute a simple license agreement with us. The limited permission granted here with respect to Fansite use of certain SOE Content and SOE Marks does not cover such circumstances.
  5. Fansites that quote an article or patch message from an SOE site (such as Harpy's Head Tavern or other game site associated with Station.com) are requested to limit the quote to a paragraph or less and provide a link back to The Station or associated game site for the full article or message, rather than reproducing on the Fansite the entire patch message or article. Permission to link from the fansite to Station.com or the associated game site is granted in such circumstances.
  6. Under no circumstances will SOE be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. SOE reserves the right in its sole discretion to expressly refuse this permission to any particular fansite, or to revoke this permission at any time.

4. Agent for Notifications of Claimed Infringement and Policy on Repeat Infringers

  1. Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512 (c): Address: Sony Online Entertainment LLC, 8928 Terman Court, San Diego, CA. 92121. Name of Agent Designated to Receive Notification of Claimed Infringement: Andrew S. Zaffron, General Counsel and Vice President, Business Affairs. Address of Designated Agent to which Notification Should be Sent: Sony Online Entertainment LLC, 8928 Terman Court, San Diego, CA. 92121. Telephone Number of Designated Agent: (858) 577-3100. Facsimile Number of Designated Agent: (858) 577-3356. Email Address of Designated Agent: gcagent@soe.sony.com . This email address is intended solely for the receipt of legal "Notifications of Claimed Infringement" under the Digital Millennium Copyright Act of 1998, as codified in 17 U.S.C. 512. It is not intended for general inquiries and permission requests concerning the use of SOE content.
  2. Policy on Repeat Infringers, pursuant to 17 U.S.C. 512(i): SOE has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the SOE online system or network who are repeat infringers. SOE may terminate access for content providers or forum participants (e.g., StationChat, Message Boards, pagers) who are found repeatedly to provide or post protected material without necessary rights and permissions.

5. Submissions, Fan Fiction and Artwork, and Photographs

  1. SOE is pleased to hear from its customers and welcomes your comments regarding SOE's online services. Unfortunately, however, SOE's long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by SOE's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
  2. SOE hereby grants to each EverQuest account subscriber that is in good standing and with the grant automatically revoked as of the moment that the subscriber's account is no longer in good standing (an "EQ Subscriber"), a limited, personal, nonexclusive, nontransferable, nonassignable and fully revocable license to use (a) the EverQuest name, and (b) trademarks and copyrighted material from EverQuest including NPC names and images, diety and monster names and images, geographical names, item names and images, character names and images, background art, and screenshots containing any of the foregoing (collectively, "the SOE Property"), solely to be used for material (for example, so-called "fan fiction" and "fan artwork") that the EQ Subscriber posts to and/or transmits through SOE's Communication Features ("Licensed Content") in accordance with these Terms of Service -- and for no other use. Each EQ Subscriber promises SOE that any Licensed Content that he or she provides shall comply in all respects with these Terms of Service.
  3. Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that you not do so ("Submissions") and any and all Licensed Content shall be deemed, and shall remain, the property of SOE from the moment of creation. Accordingly, SOE shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions and Licensed Content of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all Submissions and Licensed Content are hereby irrevocably assigned to SOE, together with all intellectual property rights therein. In any event, you agree that SOE shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission and/or Licensed Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission and/or Licensed Content. You also give up any claim that any use by SOE and/or its licensee(s) of any Submission and/or Licensed Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein. If you provide any Submission or Licensed Content, you promise that you are eighteen years of age or older; if you are under eighteen years of age, you must first contact SOE at license@soe.sony.com to obtain an agreement for your parent or guardian to sign.
  4. If you upload any photograph to or through any SOE Communication Feature, you ( i) grant to ("SOE") the non-exclusive, worldwide right to use, post, publish and display your photograph on The Station, without royalty or compensation of any kind, (ii) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, (iii) promise that the photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (iv) promise that you are the copyright owner of the photograph or have all rights necessary to authorize its unfettered use and distribution and (v) promise that you are eighteen years of age or older. You understand that, once your photograph is posted, anyone can download and/or distribute that photograph. You expressly waive any and all claims you may have against SOE and release SOE from any and all liability arising from or related to the submission and SOE's or any third party's use of the photograph.

6. Software Available on this Web Site

  1. Any software that is made available to download from this Web site ("Software") is the copyrighted work of SOE and/or the Sony Family and/or suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: SOE hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and other use of this Web site in accordance with these terms of use, and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained in this Web site, is owned by SOE and/orthe Sony Family and/or suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
  2. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SOE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

7. DISCLAIMER OF LIABILITY

  1. NEITHER SOE, THE SONY FAMILY, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE STATION, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE STATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE STATION OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE STATION, INCLUDING, WITHOUT LIMITATION, ALL SOE COMMUNICATION FEATURES.
  2. THE STATION AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE STATION, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE STATION, IS AT YOUR SOLE RISK.

8. LIMITATION OF LIABILITY

  1. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 7 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE STATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
  2. IN NO EVENT WILL SOE, THE SONY FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE STATION, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE STATION, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE STATION OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE STATION OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE STATION, EVEN IF SOE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SOE PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE STATION, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE STATION.
  4. NEITHER SOE NOR THE SONY FAMILY ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE STATION, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE STATION, BY ANYONE OTHER THAN AUTHORIZED SOE EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL SOE, THE SONY FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE STATION, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE STATION, INCLUDING, WITHOUT LIMITATION, ALL SOE COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE STATION, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE STATION. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
  5. NEITHER SOE NOR THE SONY FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE STATION AND NEITHER SOE NOR THE SONY FAMILY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Notice

SOE may give notice to you by means of a general notice on The Station, electronic mail to your e-mail address on record in SOE's account information (if you are a Station Member), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in SOE's account information (if you are a Station Member). You may give notice to SOE by electronic mail to accounts@soe.sony.com or by first class mail, postage prepaid, or overnight courier to Sony Online Entertainment LLC, 8958 Terman Court, San Diego, CA 92121. Attn: Accounts

10. Termination

Either SOE or you may terminate this Agreement at any time. Fees paid for any subscription term or pay-per-use are paid in advance and are not refundable in whole or in part. You may terminate this Agreement at any time by not using The Station. We can terminate the Agreement by asking you to stop using The Station, and, if necessary, by preventing your access to The Station. Upon termination of this Agreement, you shall have no further rights to use The Station or its services. Your only right and remedy with respect to any dissatisfaction with The Station is to terminate this Agreement, including, without limitation, any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of SOE in operating The Station, (ii) content available through The Station, or any change therein, or (iii) the amount or type of fees or billing methods, or any change thereof. Without limiting the foregoing, SOE shall have the right to terminate this Agreement with you, effective immediately, and/or terminate or temporarily suspend your access to all or any part of The Station, without notice, in the event of any conduct by you which SOE, in its sole discretion, considers to be unacceptable, or for conduct that SOE believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by SOE on The Station, or for other conduct which SOE believes, in its sole discretion, is harmful to SOE, other Station Members or other users of The Station. SOE reserves the right to deny registration of any individual as a Station Member and to deny access to The Station to any individual. All of the Sections of the General Terms and Conditions of this Agreement survive termination of this Agreement.

11. Indemnification

You agree to indemnify and hold harmless SOE, the Sony Family and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of The Station, including, without limitation, all SOE Communication Features.

12. Taxes

You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by SOE. SOE and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.

13. Jurisdictional Issues

This site is controlled and operated by SOE from its offices within the State of California, United States of America. SOE makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access The Station from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from The Station is further subject to United States export controls. No software from The Station may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

14. Miscellaneous

This Agreement constitutes the entire agreement between SOE and you with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. This Agreement shall be construed in accordance with the laws of the State of California, without regard to California's principles of conflict of laws. You hereby consent to personal jurisdiction by the state and federal courts sitting in the State of California. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

 
   
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