(for PC & Mobile)
1. Who are we?
1.1. We are Sony Interactive Entertainment Europe Limited of 10 Great Marlborough Street, London, W1F 7LP, United Kingdom.
2. Defined Terms
2.1. “Authorised Systems” means the device for which we make the Software commercially available (e.g. if on Steam, PC; if on the iTunes Store, Apple iOS; if on the Google Play Store, Android).
2.2. “Software” means the game and/or application software published by us and developed to operate on one or more of the Authorised Systems.
3. When do these Software Usage Terms apply?
3.1. Our Software Usage Terms (“Terms”) apply to your use of all Software on Authorised Systems.
3.2. These Terms are between you and us and not the owner of the store (the “Store Owner”) through which you purchased the Software (the “Software Store”). We (and not the Store Owner) are solely responsible for the content of the Software, except as set out in these Terms.
4. Software is Licensed
4.1. All Software is licensed, not assigned, which means you acquire rights to use the Software, as described in these Terms, but you do not acquire ownership of the Software. If you do not comply with these Terms, we can terminate your Software licence which means you will no longer have the right to use the Software.
5. Limitations on Your Use of Software
5.1. Your licence to use Software is a non-exclusive, non-transferrable licence to use the Software for private use only on the applicable Authorised Systems and only in Europe, the Middle East, Africa, India, Russia and Oceania.
5.3. You must not lease, rent, sublicense, publish, modify, adapt, or translate any portion of the Software.
5.4. You must not emulate the Software.
5.5. To the fullest extent permitted by law, you must not reverse engineer, decompile, or disassemble any portion of the Software, or create any derivative works, or otherwise attempt to create source code from Software object code.
5.6. You must not use any means to bypass or disable any encryption, security, or authentication mechanism or to gain unauthorised access or to interfere with any account, service, hardware, software or network.
6.1. You must not resell Software, unless expressly authorised by us.
7. Age Ratings
7.1. If Software displays an age rating, it means it contains content that is unsuitable for anyone below that age. Parents and guardians should supervise their children’s access to and use of the Software and in particular, their use of any community features.
9. How to behave in an Online Community
9.1. Our Software may provide community features that let you play with and against other people; communicate and interact with other people; and share information from your game and other activity via social networks.
9.2. When using community features, you may be able to share messages, comments, pictures, photographs, videos, game assets, game videos and other materials and information (“User Generated Media” or “UGM”). When doing so, you must behave decently, respectfully and with consideration for other people. You must not share anything that is offensive or vulgar or use community features to harm or alarm anyone. For example:
9.2.1. do not share anything that is defamatory or racially, ethnically, religiously or sexually offensive;
9.2.2. do not act in a threatening or bullying manner;
9.2.3. do not stalk anyone;
9.2.4. do not access, use or distribute any content or material that infringes someone else’s privacy or intellectual property rights
9.2.5. do not conduct any activities that violate any applicable laws; and
9.2.6. do use common sense and good manners at all times.
10. Creating and Sharing Online
10.1. UGM created and shared by you belong to you but we still have intellectual property rights in your UGM so you must not commercially exploit UGM without our consent.
10.2. You authorise us and other users of the Software, to use, distribute, copy, modify, display, and publish your UGM, your online name/ID (and, if you choose to use it, your name), including on websites associated to the Software. You also authorise us, without payment to you, to license, sell and otherwise commercially exploit your UGM (for example, selling subscriptions to access your UGM (alone or in combination with other UGM) and/or receiving advertising revenue in connection with UGM), and to use your UGM in the promotion of our products, Software and services. You recognise that we and other users of the Software may alter your UGM and you waive any moral rights you may have in your UGM. By posting UGM you are telling us that you have all rights necessary to post such UGM and to grant the rights set out in this paragraph.
11. What if I have a bad experience online?
11.1. We want you all to enjoy our online community but we can’t guarantee that everyone will behave properly. As such, we accept no liability to you for other users’ activity and UGM and no liability to others for your activity and UGM.
11.3. Although we may enable you and other users to post to social network services, we are not responsible for those services. If you experience any unacceptable or inappropriate behaviour on a social network service, please report it to the social network service using their grief reporting process.
12. Reporting from games we publish
12.1. We include grief reporting mechanisms where we think they might be most relevant. For example, you may see a report option or in-game reporting tool in the Software if that Software offers the ability to share UGM. If you use the most proximate grief reporting tool, when you submit the report, you may also be able to send us applicable evidence which will help us assess your report. For example if you grief report a game asset or level that someone created, when you send us the report you might also be able to send us the asset or level. Of course, this means other people can grief report you and your UGM too.
12.2. If there is no grief reporting facility within the Software and you want to make a report please contact our customer services.
13. Are we monitoring online activity?
13.1. Yes, but we can’t monitor all online activity and we make no commitment to do so. However, we reserve the right in our sole discretion to monitor and record any or all of your online activity and to remove any of your UGM at our sole discretion, without further notice to you. Your use of our community features may be recorded and collected by us or sent to us by other users as described in paragraph 12.1. Any information collected in this way, for example, your UGM, the content of your voice and text communications, video of your gameplay, the time and location of your activities, and your name, your online ID and IP address, may be used by us or our affiliated companies to enforce these Terms, to comply with the law, to protect our rights and those of our licensors and users, and to protect the personal safety of our employees and users. This information may be passed to the police or other appropriate authorities. By accepting these Terms, you expressly consent to this.
13.2. Use of the community features provided by the Software will not breach paragraph 5.2 and 5.5 of these Terms.
14. Software Updates and End of Service
14.1. Software may be updated from time to time, which may include adding to or removing existing functionality.
14.2. We sometimes find it necessary to cease online support for a game. This means that features such as online multi-player and leaderboards will no longer be available. If a game is an online-only title you may no longer be able to use it.
14.3. If we decide we need to turn off online support for a specific game, we will endeavour to announce that decision with at least 90 days’ notice via our game forums and at eu.playstation.com/gameservers.
15. Copyright Ownership
15.1. Software may contain library programs, the copyright to which is owned by Sony Interactive Entertainment Inc. and exclusively licensed to us. Other copyrights and intellectual property rights subsist in the Software and may be notified to you from time to time.
16. Limitation of Liability
16.1. We do not exclude or limit in any way our liability for:
16.1.1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
16.1.2. fraud or fraudulent misrepresentation;
16.1.3. any paid-for Software for failing to be of a satisfactory quality, failing to be fit for a particular purpose that we were aware of at the point of purchase or failing to correspond with our description of the Software; and
16.1.4. any other liability that cannot be excluded or limited under applicable law.
16.3. Neither we, PlayStation Mobile Inc nor any Store Owner offers any maintenance or support services with respect to the Software.
16.4. We have not approved or checked any third party websites on which you access or use the Software or which are linked to the Software and we are not responsible or liable in any way for their content. Your use of third party websites will be subject to the terms and conditions of those websites and platforms.
16.5. Subject to paragraph 16.1, we, our affiliated companies (including PlayStation Mobile Inc), licensors and the Store Owners exclude all liability for any loss or damage suffered by you or any third party in respect of the Software, whether direct or indirect, incidental or consequential and howsoever arising (including by negligence), including in relation to:
16.5.1. your use of or access to, or inability to use or access the Software;
16.5.2. any loss of data or damage caused by downloading or using the Software;
16.5.3. product liability claims;
16.5.4. any claim that the Software fails to conform to any applicable legal or regulatory requirements;
16.5.5. claims arising under consumer protection or similar legislation; and
16.5.6. any claims that the Software infringes a third party’s intellectual property rights.
16.6. Subject to paragraph 16.1, our liability to you for all losses relating to the Software, whether in contract, tort (including negligence) or otherwise, shall be limited to £50.
17. Legal Compliance
17.1. You warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18. Third Party Beneficiaries
18.1. The Store Owner and its subsidiaries, and our affiliated companies (including PlayStation Mobile Inc), are third party beneficiaries under these Terms, and each shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
19. Our right to transfer our contracts with you
19.1. We may transfer our rights and obligations under these terms of service and any contracts between you and us on these Terms without your consent at any time. You may not transfer your rights and obligations under these terms of service or your contracts with us on these Terms.
20. Governing law, jurisdiction and third party rights
20.1. As far as permitted by law, you and we agree these Terms, their subject matter and formation and any disputes relating to the same shall be governed by and construed and interpreted in accordance with English law and that the courts of England will have exclusive jurisdiction. The contract between you and us is formed in England.