TERMS OF USE
This
service (the “Service”) is offered to you conditioned on your acceptance, without
modification, of the terms and conditions set forth below (the “Terms of
Use”). Sony Online Entertainment Inc.
or, for customers in the European Union, SOE Europe Limited (collectively,
“SOE” or “we”) may change, add or remove any part of the Terms of Use at any
time by posting a notice of such changes, and such modification(s) shall
become effective immediately upon posting.
Current SOE games for which the Service is available (individually and
collectively referred to as the “Game”; Game software, hardware and
subscriptions, if any, are sold separately):
Untold Legends™ The Warrior’s Code™
Field Commander™
SOE reserves the right, at any time in its sole discretion, to add or delete
any Game to the Service.
1. Subject to the terms and
conditions of these Terms of Use, SOE hereby grants you a limited, personal,
revocable, non-transferable, non-sublicensable license to use the Service
solely for non-commercial purposes in connection with your use of the Game
for which the Service is offered and for no other purpose. You may not use the Service for any
business or commercial purpose unless you obtain SOE’s prior written
permission, which may be withheld in SOE’s sole and absolute discretion. SOE may discontinue the Service, in whole
or in part, to any user or to all users, at any time in its sole
discretion. Any rights that SOE does
not expressly grant you in these Terms of Use are expressly reserved by SOE.
2. You are bound by the
Station Terms of Service (www.sonyonline.com/tos/tos.jsp)
while using, viewing or accessing the Service and by the End User License
Agreement and rules of conduct for each Game offered by SOE as part of the
Service and with which you are using the Service (for example, if SOE offers
Untold Legends The Warrior’s Code as part of the Service and you use the
Service with Untold Legends The Warrior’s Code, you are bound by the Untold
Legends The Warrior’s Code User Agreement and Software License, available in
the respective game manuals; these Terms of Use shall supplement, but not
replace, the Station Terms of Service.
The Privacy Policy that governs your use of the Service is located at www.sonyonline.com/tos/privacy.jsp. SOE reserves the right to suspend or
terminate your access to the Service if you violate any of these Terms of
Use; obviously, you may lose access to any game character(s) on any account
that SOE has suspended or terminated – without any right to refund or
recompense.
3. You shall not, through,
via or in connection with your use of the Service:
(i) transmit, post or
distribute, or facilitate the transmission, posting or distribution of any
message, computer software, data, databases, text, displays, screenshots,
maps, user interfaces, artwork, characters, items, software or graphic files,
information or other materials, whether in written, digital,
machine-readable, electronic or visual form ("Content") that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, pornographic or harmful to minors, that may be
invasive of another's right of privacy or publicity, hateful, racially,
ethnically or otherwise objectionable;
(ii) impersonate any person or entity, including but not limited to, an SOE official, employee or representative, forum leader or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) post, transmit or distribute or facilitate the posting, transmission or distribution of any Content that you do not have a right to post, transmit or distribute under any law or under contractual or fiduciary relationships (such as nondisclosure agreements) or modify or prepare derivative works of the Content;
(iv) post, transmit, distribute or facilitate the posting, transmission or distributing of any Content that contains a virus, trojan horse, keystroke logger, worm, bot, time bomb, cancelbot, corrupted data or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept of expropriate any system, data or personal information;
(v) use the Service in a manner that adversely affects the availability of its resources to other users (e.g., denial of service attack, excessive shouting [use of all caps], flooding [continuous posting of repetitive text] or excessively large embedded images);
(vi) post, transmit, distribute or facilitate the posting, transmission or distribution of any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(vii) intentionally or unintentionally, or encourage or facilitate the ability of any other person to, violate any applicable local, state, national or international law, rule or regulation;
(viii) upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or remove or modify any copyright or trademark notice on any part of the Content;
(ix) use any third party hardware, devices or software or modify any game client, software, or Content (such as through macros, hacks and cheats) to modify or unfairly impact the Service, allow for unattended game play or use of the Service or to decrypt, modify, parse, scrape, interrupt or intercept any data or information relating to the Service or transmitted between client and server; in addition, you may not create, facilitate, host, transmit, re-transmit, mirror, link or provide any other means through which the Service may be accessed or viewed by others, such as through server emulators or mirrored websites; or
(x) use, modify, copy, publish, post, transmit, make derivative works of, adapt, perform, display, synchronize, commercialize or exploit all or any portion of the Content or any other content other than as expressly provided herein; or
(xi) allow any other person to access your Service account; you are liable for all activities conducted through your Service account; or
(xii)cheat.
4. All computer software,
displays, artwork, music and other components of the Service (collectively,
the “Software”) are the copyrighted intellectual property of SOE or its licensors.
You acknowledge and agree that you have not and will not acquire or obtain
any intellectual property or other rights, including any right of
exploitation, of any kind in or to the Content, the Service, or the Game, or
any portion of any of the above, including, without limitation, in any
artwork, maps, vehicles, music, character(s), item(s), coin(s), text,
graphics, data, information or other material or property, and that all such
property, material, data, information and items are exclusively owned by SOE.
You shall not:
(i) copy, rent, lease, sublicense all or any portion of the software or UMD;
(ii) modify or prepare derivative works of the software or UMD;
(iii) re-transmit or mirror the software or UMD;
(iv) remove or modify any copyright or trademark notice on any part of the software or UMD; or
(v) reverse engineer,
disassemble or decompile any part or all of the software or UMD.
5. You understand that
anything sent via the Service is the sole responsibility of the sending
party. SOE has no obligation to
monitor or supervise the Service, expressly disclaims any representation that
it will monitor or supervise the Service -- but also expressly reserves the
right to monitor or supervise the Service in its sole discretion. You
understand that anything that you transmit through the Service is routed
through SOE's servers, you have no expectation of privacy in anything that
you so transmit (even if you intend it to be a private message) and you
expressly consent to SOE’s monitoring of anything that you send, receive
and/or store through the Service. We cannot ensure that your private
communications and other personally identifiable information will not be
disclosed to third parties. For example, we may be forced to disclose
information to the government or third parties under certain circumstances,
or third parties may unlawfully intercept or access transmissions or private
communications. Additionally, we can (and you authorize us to) disclose any
information about you to private entities, law enforcement or other
government officials as we, in our sole discretion, believe necessary or
appropriate to investigate or resolve possible problems or inquiries.
Furthermore, if you request any technical support, you consent to our remote
accessing and review of the hardware and software you use in connection with
the Service for the purposes of support and debugging. You agree that we may
communicate with you via telephone, email or any similar technology for any
purpose relating to the Service and any services or software which may in the
future be provided by us or on our behalf. You acknowledge that any and all
character data and other data and information relating to the Game and the
Service is stored and is resident on our servers, and any and all communications
that you make within or in connection with the Service (including, but not
limited to, messages solely directed at or to another player or group of
players) traverse through our servers, may or may not be monitored by us or
our agents, you have no expectation of privacy in any such communications and
expressly consent to such monitoring of communications you send and receive. You acknowledge and agree that we may
transfer Game and Service account information (including your personally
identifiable information and personal data) to the United States or other countries
or may share such information with our licensees and agents in connection
with the Service.
As part of your Service account, you may be able to upload Content to our
servers in various forms, such as in the form of maps, vehicles, items,
website posts, in-game posts and chat, and in chat rooms and similar
user-to-user areas. We may take any action with respect to your Content if we
believe it may create liability for us or may cause us to lose (in whole or
in part) the services of our Internet Service Providers (ISPs) or other
suppliers. You hereby grant to us a worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise all
rights of any kind or nature associated with the Content, including, without
limitation, all intellectual property rights, and all ancillary and
subsidiary rights thereto, in any languages and in any media now known or not
currently known, in association with the Content.
6. When you make your IP
address available on the Service you have made it public and, accordingly,
you should take appropriate measures (such as a firewall) to safeguard your
hardware and data from attack or unauthorized access by third parties. You expressly release SOE, its affiliated
companies and its and their officers, directors, employees and agents from
any claim or loss you may suffer as a result of any third party access to
your hardware or data.
7. NEITHER SOE, ANY COMPANY
AFFILIATED WITH SOE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, VIRUS FREE OR
ERROR FREE. WE ARE NOT LIABLE FOR ANY
DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE
CONTROL. FURTHER, WE CANNOT AND DO NOT PROMISE OR ENSURE THAT YOU WILL BE
ABLE TO ACCESS YOUR SERVICE ACCOUNT OR THE SERVICE WHENEVER YOU WANT, AND
THERE MAY BE EXTENDED PERIODS OF TIME WHEN YOU CANNOT ACCESS YOUR SERVICE
ACCOUNT OR THE SERIVCE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE SERVICE IN CONNECTION WITH YOUR HARDWARE AND SOFTWARE, AND
YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION OF YOUR
HARDWARE AND SOFTWARE. THE SERVICE AND SOFTWARE 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 SERVICE IS AT YOUR SOLE RISK.
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, LOSS OF DATA OR INFORMATION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL SOE, ANY COMPANY AFFILIATED WITH SOE, OR ANY OF ITS OR 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 SERVICE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE SERVICE AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE SERVICE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY WAS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER SOE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SOE PURSUANT TO THESE TERMS OF USE, OR IN ANY OTHER WAY CONCERNING THE SERVICE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE GREATER OF (I) $50.00 OR (II) THE FEES, IF ANY, PAID BY YOU TO SOE FOR USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. SOE shall have the right
to terminate or suspend your use of the Service, effective immediately and
without prior 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 of Use contained herein or any policies
or guidelines posted by SOE on The Station (www.station.com), or for other
conduct which SOE believes, in its sole discretion, is harmful to SOE or
other Service users. SOE reserves the
right to deny registration of any individual and, thus, to deny access to the
Service to any individual.
9. You agree to indemnify,
defend and hold harmless SOE, SOE’s affiliated companies, and all of its and
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 Terms of Use or the foregoing representations,
warranties and covenants or (ii) your use of the Service.
10. The Service is controlled
and operated by SOE from its offices within the State of California, United
States of America; but may be served remotely. SOE makes no representation that the
Service is available for use in any particular location. Those who choose to access the Service from
countries other than the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws
are applicable. The Software, Service
and Content is subject to United States export controls.
The Software may NOT 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 (including,
but not limited to, the Denied Persons List).
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.
11. These Terms of Use
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. 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.
12. For users from outside the
European Union, 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, and you hereby consent to personal and exclusive jurisdiction by and
venue of the state and federal courts sitting in the State of California, Southern
District. For users from within the
European Union, this Agreement shall be construed in accordance with the laws
of the United Kingdom and
you hereby consent to personal and exclusive jurisdiction and exclusive venue
of the courts within the United
Kingdom.
13. All services hereunder are
offered by Sony Online Entertainment Inc., located at 8928 Terman Court, San Diego,
California 92121.
Our phone number is (858) 537-0898.