PlayStation™Vue Terms of Service

 

SONY INTERACTIVE ENTERTAINMENT LLC
PlayStation(TM)Vue Service Terms of Service and User Agreement

READ CAREFULLY:SONY INTERACTIVE ENTERTAINMENT LLC (“COMPANY”) MAKES THE PLAYSTATION™VUE SERVICE (THE “SERVICE,” AS MORE FULLY DEFINED BELOW) AVAILABLE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS TERMS OF SERVICE AND USER AGREEMENT (THIS “AGREEMENT”).

THIS AGREEMENT SHALL BE READ IN CONJUNCTION WITH, AND SHALL SUPPLEMENT, THE PLAYSTATION NETWORK TERMS OF SERVICE AND USER AGREEMENT AND PRIVACY POLICY AS AMENDED BY COMPANY IN ITS DISCRETION FROM TIME TO TIME, AND CURRENTLY LOCATED AT WWW.PLAYSTATIONNETWORK.COM (COLLECTIVELY, THE “PSN TERMS OF SERVICE”), WHICH YOU WILL BE REQUIRED TO ACCEPT (IF YOU HAVE NOT ALREADY) IN ORDER TO ACCESS THE SERVICE.

By selecting the “I accept” button or other button or mechanism designed to acknowledge agreement to the terms of an electronic copy of this Agreement, or by accessing or otherwise using the Service (including, if applicable, installing or downloading any software necessary to access or initiate the use of the Service), you accept this Agreement on behalf of yourself as an individual and acknowledge that you are legally bound by this Agreement, and you represent and warrant that you have the ability to bind yourself to this Agreement. If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install, use or access the Service.

Some programming available via the Service may not be appropriate for children under a certain age. In some cases, ratings will be displayed to indicate the suitability of programming content. Such ratings are Third Party Materials, as defined below. Parents and guardians should supervise their children’s access to and use of the Service.

If you are unwilling to accept this Agreement, or you do not have the ability to bind yourself as an individual, (A) DO NOT SELECT THE “I ACCEPT” BUTTON OR OTHERWISE CLICK ON ANY BUTTON OR OTHER MECHANISM DESIGNED TO ACKNOWLEDGE THIS AGREEMENT, AND DO NOT ACCESS OR OTHERWISE USE THE SERVICE, AND (B) IF BUTTONS FOR ACCEPTING OR REJECTING THE SERVICE APPEAR, SELECT THE “CANCEL” BUTTON AND CANCEL THE LOADING OR OTHER INITIATION OF THE SERVICE.

ACCESSING OR OTHER USE OF THE SERVICE (INCLUDING, AS APPLICABLE, INSTALLING OR DOWNLOADING ANY SOFTWARE NECESSARY TO ACCESS OR INITIATE THE USES OF THE SERVICE) EXCEPT AS PERMITTED BY THIS AGREEMENT IS UNAUTHORIZED AND CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND AN INFRINGEMENT OF THE COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN SUCH SERVICE.

NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are acknowledged, the parties hereby agree as follows:

1. DEFINITIONS
In addition to the terms defined elsewhere in this Agreement, the following terms, when used herein, shall have the following meanings:

1.1. “Feedback” shall mean all suggestions, comments, input, ideas, reports, results, information or know-how (whether in oral, electronic or written form) provided by User to Company in connection with the Service.

1.2. “Service” shall mean the Company’s PlayStation™Vue Service (and any successor thereto) that allows end users to access and view live linear and video-on-demand content on a free or subscription basis through select authorized devices. Service also includes any technology, software, documentation, features, functionalities, content, updates, upgrades, bug fixes or enhancements used in connection with the use of, relating to or embodied in the Service, and all other information and documents related thereto provided to User by or on behalf of the Company.

1.3. “User” shall mean you personally (i.e., the individual who reads and is prompted to accept this Agreement).

2. DATA METRICS
2.1. Without limitation to the PSN Terms of Service, Company may share information with certain of its affiliates, vendors, service providers, etc., as provided in the Privacy Policy.

2.2. On certain devices, the Service features Nielsen’s proprietary measurement software which will allow users to contribute to market research, like Nielsen’s TV Ratings. For more information about Nielsen’s video measurement software, and the type of information that is collected, see Nielsen’s privacy policy at http://www.nielsen.com/digitalprivacy.

2.3. Company reserves the right to individually sign (or electronically watermark) any download of software related to or necessary for accessing the Service, and the files created from such Service, allowing Company to track the use of the Service and the files created with it, to the person originally downloading such software.

3. DIGITAL VIDEO RECORDER
The Service offers the opportunity for a User to select certain programming to store for a limited, temporary period (e.g., up to 28 days), for later viewing by such User (“DVR Functionality”). DVR Functionality will apply only if User has requested and directed Company to enable the DVR Functionality, only when implemented at the direction of that User, and only to those programs selected by such User. When viewed, such programming may contain different advertising insertions or other changes from the original presentation of such programming. User hereby requests and directs Company to enable such DVR Functionality.

4. OWNERSHIP
Except as expressly licensed to User, Company and its licensors retains all right, title and interest in and to the Service and the programming provided via the Service, including but not limited to all related patents, trademarks, copyrights, know-how, trade secrets and other intellectual property rights. User acknowledges and agrees that the Service is licensed, not sold, and that rights to use the Service are acquired only under license from the Company. If requested by Company, User agrees to execute and deliver statements or any other instruments, recordings or filings deemed necessary by Company to protect and preserve its right, title and interest in and to the Service, the content provided via the Service, and related intellectual property rights under applicable law.

5. FEEDBACK
5.1. User hereby grants Company, under all of User’s intellectual property and proprietary rights, the following worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up rights: (a) to make, have made, use, copy, modify, and create derivative works of the Feedback as part of or in connection with any Company product, technology, service, content, material, specification or documentation (including, without limitation, in connection with the marketing or sale thereof); (b) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Feedback shall not create any confidentiality obligation for or upon Company. Company shall have no obligation to accept or consider any Feedback, or pay any consideration or compensation therefor.

6. REPRESENTATIONS/WARRANTIES
6.1. THE SERVICE, CONFIDENTIAL INFORMATION AND ANY SOFTWARE OR OTHER MATERIALS FURNISHED AS PART OF THE SERVICE ARE FURNISHED ON AN “AS-IS” BASIS, AND COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COMPANY SPECIFICALLY DOES NOT WARRANT THAT THE SERVICE OR OTHER MATERIALS PROVIDED BY COMPANY WILL MEET USER'S REQUIREMENTS; WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY USER; THAT THE OPERATION OR OUTPUT OF THE SERVICE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; OR THAT ALL ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED. NEITHER COMPANY, NOR ITS AFFILIATES, LICENSORS, VENDORS, SERVICE PROVIDERS OR SUPPLIERS, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR RELATING TO USER’S USE OR INABILITY TO USE SERVICE, HARDWARE OR OTHER MATERIALS, OR ANY SPECIFIC CONTENT, FEATURE OR FUNCTIONALITY.

6.2. USER EXPRESSLY ACKNOWLEDGES THAT THE SERVICE MAY CONTAIN DEFECTS OR DEFICIENCIES WHICH MAY NOT OR WILL NOT BE CORRECTED BY COMPANY, AND THAT THE SERVICE MAY UNDERGO SIGNIFICANT CHANGES IN SUBSEQUENT UPDATES AND RELEASES, WHICH MAY RESULT IN CERTAIN CHANGES TO CONTENT OFFERINGS, FEATURES OR FUNCTIONALITY THAT ARE CONTAINED IN THE CURRENT VERSION OF THE SERVICE. NOTWITHSTANDING THE FOREGOING, COMPANY SHALL HAVE NO OBLIGATION TO RELEASE ANY UPDATES, OR TO CONTINUE TO OFFER ANY PARTICULAR CONTENT, FEATURES OR FUNCTIONALITY.

7. INDEMNITY; LIMITATION OF LIABILITY
7.1. User agrees to indemnify and hold Company and its affiliates, licensors and suppliers harmless against any and all losses, liabilities, proceedings, claims, or damages, arising out of or in connection with this Agreement or User's use, performance, possession, and misuse, or removal, return or repossession by Company of any equipment, content or other materials furnished in connection with the Service. Such indemnity shall survive termination of this Agreement and shall apply regardless of the form of legal action, whether in contract or in tort, including negligence.

7.2. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR ITS LICENSORS OR SUPPLIERS BE LIABLE HEREUNDER FOR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD-PARTY OR OF NO FAULT ON ITS BEHALF. USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, OR OTHERWISE, IS TO CEASE USE OF THE SERVICE.

8. GENERAL
8.1. Third Party Materials. The Service, and the application used to access the Service, may display, include, link to or make available programming content, data, ratings, schedules, information, applications or materials from third parties, which may include open source software (“Third Party Materials”). User acknowledges and agrees that Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, or any other aspect of such Third Party Materials. Company does not warrant or endorse, and does not assume and will not have any liability or responsibility to User or any other person for, any Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials are provided solely as a convenience to User.

8.2. No Reliance. The Service and other information concerning the Service may concern planned or future development efforts for existing or new Company products, technology and/or services. Neither the Service nor such information are intended to be a promise or guarantee of future delivery of products, technology, services or features but merely reflect our current plans, which may change. Accordingly, Service and Confidential Information may not be relied on for purchasing decisions or for any other purpose.

8.3. Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision or any other provision of this Agreement in any other jurisdiction.

8.4. Export Restrictions. User acknowledges that the Service is subject to the export control laws and regulations of the United States. User agrees to comply with all applicable international and national laws that apply to the Service. Under U.S. export control laws and regulations, the Service may not be downloaded or otherwise exported, re-exported, or transferred to restricted countries, to restricted end users or for restricted end uses. User represents, warrants and covenants that User (a) is not located in, or a resident or a national of, a restricted country; (b) is not on any of the U.S. government lists of restricted end users; and (c) will not, unless otherwise authorized under U.S. export control regulations, use the Service in any restricted end use.

8.5. Waiver. No term or provision of this Agreement will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against which the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach.

8.6. Legibility. The Service is designed to be viewed on a monitor with a resolution of 1280 x 720 pixels or greater. User acknowledges that viewing the Service on a monitor with lesser resolution may impact the legibility of some text and menus.

8.7. Entire Agreement; Modification. This Agreement, together with the SEN Terms of Service, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, discussions or communications. Company reserves the right to modify this Agreement at any time by providing such revised Agreement to User or by publishing the revised Agreement on the Company’s (or its relevant affiliate’s) website. User’s continued use of the Service shall constitute User’s acceptance to be bound by the terms and conditions of the revised Agreement.