 | | | PlayStation Terms and Privacy Policy - Copy for your records
Hello
For your records, please find below a copy of the following PlayStation terms and policy that you recently agreed to:
1.PlayStation Network Terms of Service
2.PlayStation Software Usage Terms
3.PlayStation Privacy Policy
These documents replace any previous versions of these terms and policy that you may have agreed to in the past.
SEN TERMS OF SERVICE
The Sony Entertainment Network ("SEN") is provided to you by Sony Network Entertainment Europe Limited, an English company. You must have an account to use the SEN. You may create an account for and use the SEN so long as:
(i) You are at least 18 years old
If you are under 18 years old, your parent or guardian must create a SEN account and then set up a Sub Account for you to use. If you are a parent or guardian, your responsibilities for your Sub Accounts are explained below.
(ii)The Sony Entertainment Network is available to you
The SEN is only available and supported in some countries and languages. You will need an Internet connection, which should be suitable for downloading and streaming large media files. There is also a limit to the number of SEN accounts that can be created on each Sony system.
(iii)You comply with all applicable terms
If you fail to comply with these terms of service, including any additional terms (see below), we may take action against you as explained below including banning you from the SEN. If banned, you will not be able to use services and/or products you have paid for and you will not be given a refund.
Last updated:September2014 (Version Number 7.4)
Contents
1.Description of the Sony Entertainment Network
2.Additional terms that apply
3.Your responsibilities for your SEN account
4.Children and your responsibilities for your Sub Accounts
5.How you and your Sub Accounts users must behave when using the SEN
6.SEN wallet and adding funds
7.Purchasing services and/or products
8.Pre-orders
9.Voucher codes (including pre-paid cards)
10.Subscriptions (including PlayStation®Plus and Music Unlimited)
11.Use restrictions (known as DRM)
12.Video Unlimited and its use restrictions
13.Intellectual property rights (including pirated software)
14.Use of your personal information
15.Software updates and how these may affect you
16.Maintenance or closing the Sony Entertainment Network
17.Closing your SEN account
18.Protecting our network (including failure to comply with these terms of service)
19.Limits on our liability and your rights
20.Changes to these terms of service and our right to assign our contracts with you
21.Governing law, jurisdiction and third party rights
22.Our company and contact details
1.Description of the Sony Entertainment Network
A SEN account gives you access to a wide variety of online services and digital content both free and paid-for, including the "PSN", the PlayStation®Store and other SEN online stores, an online wallet (described below), virtual communities (where you can meet, communicate with and play against other users), software, updates, firmware, fixes, new releases, games and online gameplay, music, movies, subscriptions and more all of which are referred to as "products".
The products that you can access through the SEN may be provided by us, other Sony group companies (in particular, Sony Computer Entertainment Europe Limited) or third parties. The products you can access via the SEN vary depending on which device you are using and may not be available or supported in your country or preferred language.
2.Additional terms that apply
In addition to these terms of service, you must agree and comply with:
(i)The PSN and SEN Privacy Policy
(ii)The Software Usage Terms(if you are using PlayStation® game and application software)
(iii)The System Software Licence for the PlayStation® system you are using (if any)
These additional documents are accessible at: eu.playstation.com/legal.
Your access to some products via SEN may also be dependent on you agreeing to additional terms imposed by us or third parties.
All additional terms and policies referenced in this section, and elsewhere in this document, are incorporated into and form part of these terms of service, and a failure to comply with any of the additional terms will be considered a failure to comply with these terms of service.
3.Your responsibilities for your SEN account
You must provide us with truthful and accurate information during your SEN account registration. The information you give us may be used by us and others when providing products to you via SEN. In particular, we will send messages about your account and any associated Sub Accounts to the email address you register (such as purchase confirmations).
You should create your account with a strong password, which is different from any password you use for your other online services. When using a PlayStation®4 system, the PS4™ system will remember your sign-in information. When you log in to the PS4, you will be automatically signed in to SEN. If other people have access to the PS4, set a passcode so that they cannot log in to that PS4 as you. A passcode can be set by going to [Settings] > [Login Settings] on the PS4.
You must keep your account secure and keep your account details secret. This includes your SEN account password (and PS4 passcode where applicable). You are responsible for all use of your SEN account, including all purchases and online conduct.
4.Children and your responsibilities for your Sub Accounts
You must be at least 18 years old to create a SEN account. However, if you are a parent or legal guardian, you may create up to 6 Sub Accounts under your SEN account for your children aged 7 to 17 to access the SEN and some of its products.
For all of your Sub Accounts:
(i)You must ensure Sub Account users comply with these terms of service and keep their account details secret from everyone (including their friends). This includes their Sub Account password (and PS4 passcode where applicable).
(ii)You are responsible for all use of your Sub Accounts, including all purchases and online conduct.
(iii)We are not liable for any unauthorised use or sharing of your Sub Accounts.
(iv)You agree that we can deduct funds from your SEN wallet for your Sub Accounts' purchases.
(v)You can prevent your Sub Accounts from making purchases or set a maximum spending limit using our parental controls. More information about parental controls is available at:
https://eu.playstation.com/parents.
(vi)If there are insufficient funds in your wallet for a Sub Account to complete a purchase, you must add the funds manually because your wallet will not be topped up automatically to complete any purchases made by your Sub Accounts.
(vii)Sub Accounts may not be able to purchase or access products rated higher than their registered age. This applies even where the Sub Account has or can use a PlayStation Plus subscription.
(viii)Please be aware that not all products available via the SEN are rated and some contain adult language and material. Also, we cannot control the behaviour of other users and your Sub Account users may receive communications from other SEN users that will not be copied to you.
You must supervise your children's use of the SEN at all times.
5.How you and your Sub Accounts users must behave when using the SEN
When using the SEN you and your Sub Account users must behave decently, respectfully and with consideration for us and other users (who may be children). This includes your use of any sharing or communication features available via the SEN that allow you to share messages, comments, pictures, photographs, videos, game assets, game videos and other information.
For instance:
Do not share anything that is defamatory or offensive (including anything racially, ethnically, religiously or sexually offensive);
Do not use or promote hate speech, violent behaviour or illegal substances;
Do not act in a disruptive, threatening or bullying manner or impersonate or stalk anyone;
Do not spam or forward recommendations / offers to your contacts without their permission;
Do not cheat or exploit any bugs in the SEN or any of its products to obtain an unfair advantage;
Do not share, trade, phish for or harvest SEN account sign in details;
Do not use or associate the SEN or any of its products for or with any commercial activity;
Do not act in any manner that infringes privacy or intellectual property rights;
Do not carry out, or attempt or threaten to carry out, any activity that is against these terms of service or applicable law; and
Do use common sense and good manners at all times.
6.SEN wallet and adding funds
Your SEN wallet is associated with your SEN account. You can add funds to your SEN wallet which you (or your Sub Accounts) may use to buy products via a PlayStation®Store or other SEN store. SEN wallets are only available if you are in a country that has a PlayStation®Store or other SEN store. The list of countries can be found at: http://eu.playstation.com/legal.
You agree to pay us for all funds added to your SEN wallet (except in the event of our error); however, where you provide (and do not withdraw) payment to one of our payment providers or voucher retailers, this discharges your debt to us. Please be aware that:
(i)Approved payment methods to add funds to your SEN wallet vary from country to country and we may change the available payment methods at any time.
(ii)If you register a payment card to your SEN account and/or when a request is made to add funds to your SEN wallet using a payment card, we may carry out residency, anti-fraud and other checks with your card issuer using your card details, at no cost to you. Your payment card details (excluding your 3-digit security number) will be stored for future use unless you delete them.
(iii)We may reject your request to register a payment card and/or any request to add funds to your SEN wallet if we suspect fraud, your payment provider does not approve the transaction or for any other reason.
(iv)We may impose a minimum SEN wallet top-up amount. Your payment provider may also limit the maximum amount of funds you can add to your SEN wallet in one go.
(v)You can only hold a certain maximum amount of funds in your SEN wallet at one time, which is explained when you are adding funds.
(vi)Once we have accepted a request made by you to add funds to your SEN wallet (including where we use your registered payment method to automatically fund your wallet with the minimum amount required to make your purchase or the minimum top-up amount, if greater) a contract is formed between you and us on these terms of service.
(vii)Your order to add funds is complete as soon as we make them available in your SEN wallet.
(viii)You expressly agree that we may make all the added funds available to you immediately after we have accepted your payment and that, once made available, as far as permitted by law you will have no right to cancel or to a "cooling off period".
(ix)You are not entitled to a refund of funds added to your SEN wallet unless required by law.
(x)You must use funds within 24 months of being added to your SEN wallet.
(xi)SEN is not operating as a bank and the SEN wallet is not a bank account.
(xii)SEN wallet funds have no value outside the SEN and are not redeemable for cash.
(xiii)SEN wallet funds are not your personal property and cannot be transferred to others.
(xiv)SEN wallet funds can only be used to buy products sold by us.
Mobile top-ups
If you have opted to fund your wallet using a mobile billing payment method, the amount of sales tax payable on the transaction may vary depending on the location of your mobile network provider. Please contact your mobile network provider for more information. Standard messaging rates may also be charged by your mobile network provider.
You will be charged via your mobile phone service provider. Please note that your agreement to pay us for the wallet top-up is separate from and independent of your obligation to pay your mobile phone service provider. If you do not pay your mobile provider, we may suspend your account and either ourselves or through a third party take action against you to recover payment. A special note for those of you in Germany, after funding your wallet by using the mobile billing option, the debt you owe us will be assigned to a third party and then onto your mobile carrier who will recover it from you on your next mobile bill.
7.Purchasing products
When you or your Sub Account users buy or pre-order products using funds in your SEN wallet, including subscriptions, you are placing an order with us. This includes when you purchase products via the PlayStation®Store or any SEN branded store, even when accessing these stores via a third party game or website.
You agree to pay for all orders placed using your SEN account and SEN wallet (including via your Sub Accounts). Prices are subject to change and promotions may be withdrawn at any time. You must ensure that you or your Sub Account users understand and accept the price, rating, compatibility and product information displayed for products before placing an order. This information may not be available in your preferred language.
When placing an order:
(i)All purchases are made in the currency and at the price displayed when you order and are inclusive of any indirect taxes. You must pay any import VAT and duties and bank or card charges that apply (if any).
(ii)You will not be entitled to a refund if the price reduces after placing your order nor if you would have been able to purchase your order at a lower price via a subscription.
(iii)Some products may only be purchased if you are a resident in certain countries.
(iv)We may choose to cancel or not to accept your order for any reason (including price errors).
(v)Your order is only accepted when we send an email confirmation to the email address registered to your SEN account (and your Sub Account, if it has placed the order).
(vi)Once we have accepted an order made via your SEN account or your Sub Accounts, a contract is formed between you and us for your order on these terms of service.
(vii)If we do not accept your order, any sums deducted from your SEN wallet will be refunded.
(viii)For all orders except subscription renewals and pre-orders; if you do not have enough funds in your SEN wallet, your order will not be accepted unless you have an accepted payment method registered to your SEN account, in which case we will use your registered payment method to automatically fund your wallet with the minimum amount required to complete your purchase (or the minimum top-up amount, if greater).This does not apply to purchases made by Sub Accounts.
(ix)For subscription renewals and pre-orders; if you do not have enough funds in your wallet, your order will not be accepted unless Automatic Funding is "On" and you have an accepted payment method registered to your SEN account, in which case we will use your registered payment method to automatically fund your wallet with the minimum amount required to complete your purchase (or the minimum top-up amount, if greater). This does not apply to purchases made by Sub Accounts.
(x)Your order is complete as soon as we make the products available to you.
(xi)The products you have purchased will be available to you to download or stream (as applicable) for a reasonable period.
(xii)You purchase a licence to use the products as described in these terms of service and do not take ownership of them.
Cancellation Rights
(i)For orders (other than pre-orders) of digital content (such as games, virtual currencies or add-ons), you agree that we may make those products available to you immediately after we have accepted your order and once made available, as far as permitted by law, you will have no right to cancel your order or to a "cooling off period".
(ii)You cannot obtain a refund for orders of digital services (such as subscriptions to PlayStation Plus or Music Unlimited) unless EU consumer laws apply to your order, in which case you can cancel that order within 14 days of the date your order is accepted. You will receive a refund of the purchase price to your SEN wallet, minus a deduction for the value of the service you accessed before cancellation takes effect.
(iii)If Dutch consumer laws apply to your order of any subscription and that subscription has automatically renewed at least once, you may cancel your renewed subscription. You will receive a refund of the purchase price to your SEN wallet, minus a deduction for the value of the service you accessed before cancellation takes effect.
In-App Purchases
Please be aware that if you or your Sub-Accounts purchase or download a product via SEN, including a free-to-use product, it may include options to make in-app purchases of additional products using the SEN wallet. You agree to pay for all purchases made.
Network Features
Access to multiplayer online gaming via your SEN account on a PS4 is only available if you are a current PlayStation®Plus subscriber. Network features of specific titles may be withdrawn by the publisher on reasonable notice. Products for use in online modes may not be useable after network features are withdrawn and will not be refunded.
Virtual Currency
Products you can buy include fictional currencies for use in specific games and apps ("Virtual Currencies"). Virtual Currencies have no real world value; cannot be transferred or used outside of the game or app for which they are purchased and cannot be redeemed for money or money's worth. Virtual Currencies may expire and will not be usable after network features are withdrawn and will not be refunded.
8.Pre-orders
You agree that for pre-orders of digital content:
(i)we can charge you on the payment date displayed when you place your pre-order (if we accept it);
(ii)you or we may cancel your pre-order up to (but not including) the release date, in which case any sums deducted from your SEN wallet will be refunded (but this may not occur until after the release date);
(iii)we may make the pre-ordered products available to you on the release date and, once made available, as far as permitted by law, you will have no further right to cancel your order or to a "cooling off period";
(iv)when you cancel a pre-order you will no longer be entitled to any promotional products offered with the pre-order but if you subsequently access the product we will still charge you at full pre-order price; and
(v)you will not use your pre-ordered product until the release date, even if you are able to download it earlier.
When you place a pre-order, 'Automatic Funding' for your SEN wallet will be automatically turned "On" if you have registered a payment method (e.g. a credit or debit card). You can switch Automatic Funding "Off" at any time via your SEN account management page.
9.Voucher codes (including pre-paid cards)
You can purchase voucher codes (such as pre-paid cards) or receive them as part of a promotion, press relations or a beta trial. Voucher codes may be redeemed for the specified benefit, which is either to add specified funds to your SEN wallet or to access specific products via your SEN account. If a valid voucher is for specific products, we may choose to add equivalent funds to your SEN wallet instead if those products are not available.
Unless otherwise stated, voucher codes may only be used once, by a single SEN account, and, subject to applicable law, cannot be refunded, redeemed, transferred or exchanged for cash or credit (except that you may give a voucher code that you have purchased to someone else as a gift).
When you redeem a voucher code, a contract is formed between us and you for the relevant products on these terms of service. Voucher codes may display specific restrictions, and are also subject to additional terms available at sonyentertainmentnetwork.com/legal, which you agree to by redeeming the voucher.
10.Subscriptions (including PlayStation®Plus and Music Unlimited)
When you purchase a paid subscription or use a free trial subscription for services via the SEN:
(i)Paid and trial subscriptions are offered to you for a specific subscription period explained prior to purchase or use.
(ii)When you purchase or redeem a voucher for a subscription using your SEN wallet or start a free trial subscription, 'Automatic Funding' for your SEN wallet will be automatically turned "On" if you have registered a payment method (e.g. a credit or debit card). You can switch Automatic Funding "Off" at any time via your SEN account management page.
(iii)Your subscriptions will automatically renew at the end of each subscription period, provided we can deduct the subscription charge from your SEN wallet unless:
a. you cancel the subscription prior to the end of the current subscription period;
b. you do not have enough funds in your wallet and Automatic Funding is "Off" or you do not have a registered payment method; or
c. we cancel the renewal for any reason.
This includes any free trial subscription, which will renew into a paid subscription unless you cancel it prior to the end of the free trial.
(iv)When your subscription renews, we will deduct the subscription charge from your SEN wallet. If you do not have sufficient funds in your SEN wallet and 'Automatic Funding' is "On", we will use your registered payment method to automatically add funds to your wallet with the minimum amount required to pay for the subscription (or the minimum top-up amount, if greater).
(v)The price of your subscription will remain the same unless we notify you in advance by email to the email address registered to your account when you will have the option to cancel before the price rise takes effect.
(vi)If you already have a paid or free trial subscription and purchase another subscription for the same service, your current subscription will not renew at the end of the current subscription period and the new subscription will begin.
(vii)If you terminate a subscription at any time after the 14 day cooling off period, it will continue until the end of any subscription period(s) you have paid for and then termination will take effect. After termination, you may no longer be able to access or use all or part of the products you downloaded via the subscription.
PlayStation Plus Subscriptions
When you purchase a subscription to PlayStation Plus, the package of products in the subscription varies throughout your subscription period and some of the products may be available for non-subscribers to purchase. You may not be able to access all of the products that are part of the PlayStation Plus package. For instance, some of the products may be:
(i)compatible with specified Sony systems only;
(ii)available for download during limited periods only;
(iii)rated and inaccessible to Sub Accounts with a lower registered age; and/or
(iv)unavailable or unusable after your subscription period expires (even if downloaded before expiry).
These restrictions may be outlined at the time of purchase or at eu.playstation.com/legal. Please make sure you understand these restrictions before purchasing.
Music Unlimited Subscriptions
When you use our Music Unlimited service:
(i)Due in particular to restrictions placed on us by our licensors, we may limit or remove the ability to stream, download or re-download certain music from Music Unlimited at any time.
(ii)You may only access Music Unlimited via a trial or paid subscription and only if you have registered an accepted payment method to your SEN account.
(iii)Music Unlimited may only be used from a compatible device (including Sony system) that has been activated for Music Unlimited. We may change the list of compatible devices and remove support for a device at any time.
(iv)You must only playback music from Music Unlimited on one Sony system at a time. Failure to follow this restriction may result in your Sony system being temporarily de-activated from the Music Unlimited service.
11.Use restrictions (known as DRM)
Some products available via the SEN may have specific rules on how they may be used. For instance, you may be restricted to downloading, streaming and/or using the product:
(i)in your country of residence only;
(ii)with the purchasing SEN account only;
(iii)with certain compatible Sony systems and/or other devices only; and/or
(iv)with a certain number of compatible devices (including Sony systems) that are associated with the purchasing SEN account only.
These restrictions are outlined at the time of purchase and/or at eu.playstation.com/legal but may not be displayed in your SEN account language. We are able to offer the products to you at the price specified only on the basis that they are managed by the DRM. Please make sure you understand these restrictions before purchasing. In those restrictions, HOME CONSOLE means a PS3 and PORTABLE CONSOLE means a PSP, a PS Vita or a PS Mobile device.
Activation of a compatible Sony system and/or other device for a product by the purchasing SEN account may be required before you can use it. If you delete the account that purchased the product or deactivate the relevant compatible device (including Sony system), then you may lose access to and use of the product. We reserve the right to limit the number of times that a compatible device (including Sony system) may be activated or deactivated.
12.Video Unlimited and its use restrictions
Due in particular to restrictions placed on us by our licensors we may limit or remove the ability to stream, download or re-download videos rented and/or purchased via Video Unlimited at any time. Trial, sample and trailers versions of Video Unlimited videos may not be fully representative of the final videos. Digitised versions of some videos may not be identical to the original formatted item or previously released versions of the same titled item.
Certain restrictions apply to how you can use the videos made available to you via Video Unlimited and these restrictions vary depending on whether you are renting or purchasing a video and whether it is HD or SD. In particular:
(i)Once rented videos are (i) downloaded to any Sony system or other device or (ii) streamed via a PS4,PS3 or BRAVIA Internet Video Link device, they cannot be accessed from another device.
(ii)Certain purchased and rented videos may not be accessible through Remote Play and may be available for download only or for streaming only depending on the Sony system or other device you are using.
(iii)Certain Sony systems may stream only or download only from Video Unlimited.
(iv)Your ability to download or stream a rented and purchased video may also be restricted to:
a. certain compatible Sony systems and/or other devices only;
b. a specified number of times only;
c. a specified number of Sony systems or devices only;
d. streaming via one Sony system or other device at a time;
e. a specified period of time if renting the video; and/or
f. to specific, specified software only when using a device other than a Sony system.
These restrictions are explained at: eu.playstation.com/legal. Please make sure you understand these restrictions before purchasing.
13.Intellectual property rights (including pirated software)
All intellectual property rights in SEN and its products belong to us and/or our licensors. All company, product, and service names on the SEN are trade names, trade marks or registered trade marks or service marks of their respective owners. You are granted a limited, non-exclusive, non-transferrable, personal licence to use the SEN, and any of its products you are entitled to access, subject to these terms of service. Aside from this licence, we and/or our licensors reserve all rights, interests and remedies.
You may have the opportunity to share with us and other users your text, pictures, voice, music, video and game-related information and other materials through the SEN. Where you create or share material using our products (e.g. Video Unlimited and Music Unlimited), you agree that you:
(i)grant us and our affiliated companies the right to:
a. use, distribute, copy, modify, display and publish your material and your Online ID and, if you choose to display it, your name; and
b. licence, sell and otherwise commercially exploit your material (for example, selling subscriptions to access your material and/or receiving advertising revenue); and
c. remove and/or delete, or refuse to upload, your material at our sole discretion.
(ii)will not commercially exploit the material you create or share through our SEN products without our consent;
(iii)waive all moral rights you may have in the material you create or share; and
(iv)will cooperate with us and our affiliated companies in resolving any dispute that may arise from the material you create and/or share.
Where you create or share material through PlayStation and PSN products, you agree the same with Sony Computer Entertainment Europe Limited instead of us.
By using your SEN wallet, redeeming vouchers or starting a subscription, you may be able to purchase or use add-ons for a product made available via the SEN including virtual currency, points, tokens or other virtual products. Such purchase or use is only of the limited licence referred to above, even if such virtual items are made available for a specified term or via a limited-period subscription. Other than this licence, you have no property, proprietary ownership, economic, or monetary interest in such virtual items.
In addition, unless expressly authorised by us, you must not:
(i)share, sell, transfer, rent or sublicense all or part of the SEN or any SEN product to anyone else; or
(ii)disrupt, misuse, modify, adapt, translate, hack, crack, reverse engineer, decompile, or disassemble any product or part of any product(or any equipment, system or infrastructure used in connection with the SEN) for any reason unless expressly permitted by applicable law; or
(iii)create any derivative works, attempt to create the source code from the object code, or download a product or any part of any product for any purpose not authorised by us; or
(iv)scrape, copy, reproduce, communicate to the public or transmit, use for public performance or exploit any product or part of any product including any information accessed via or in connection with the SEN; or
(v)use or make available unauthorised hardware or software to access or interact with the SEN or its products (including any cheat code or devices that circumvent security features or limitations); or
(vi)bypass or attempt to bypass any user authentication system or security features unless expressly permitted by law; or
(vii)introduce code, content or communications that could be harmful to us, our licensors or other users, such as any virus, worm, spyware or time bomb.
14.Use of your Personal Information
When you use the SEN and its products, we, other users and third parties may collect, use and share with others information that relates to you (or your Sub Account users).In particular:
(i)When online gaming, your (or your Sub Accounts') information is shared with us, the game publisher and other users. This information may include your PSN Online ID, your name (or, if you choose to display it), screenshots and videos, which may include text or voice chat. We, the publisher or other users may record and post or stream gameplay, featuring this information, via SEN and third party services and/or products (including social networks).
(ii)We reserve the right in our sole discretion to monitor and record (or engage a third party to monitor or record) any or all of your activity and to remove any materials that you share at our sole discretion, without further notice to you. This may include information such as the content of your voice and text communications, video of your gameplay, the time and location of your activities, and your name, your PSN Online ID and IP address. We may also receive information about your activity on the SEN from other users. Any information collected in this way, may be used by us or our affiliated companies to enforce these terms of service, 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. Please note that we cannot monitor all SEN activity and we make no commitment to do so.
The collection, use and sharing of personal information that relates to you is explained in the PSN and SEN Privacy Policy available at www.sonyentertainmentnetwork.com/legal. By using the SEN and its products, you agree to the collection, use and sharing of your personal information as explained in that policy.
15.Software updates and how these may affect you
You agree that we can automatically upload updates to your Sony system when you connect your system to the Internet and/or sign into your SEN account to ensure that your system is functioning properly in accordance with these terms of service. In addition, your Sony system may download updates if you have set it to do so automatically or manually request your system to download updates.
You agree that these updates may:
(i)update your Sony system's operating system and change or remove certain features.
(ii)cause loss of data, and to ensure such loss is not permanent you should archive any personal photos, music, video or other data stored on your Sony system.
(iii)be used by you subject to these terms of service.
16.Maintenance or closing the Sony Entertainment Network
We may take down the SEN and/or any of its products at any time for any duration and for any reason, including for investigation of any security incident and for carrying out system maintenance and upgrades. If the entire SEN is permanently closed, you will be able to obtain a refund on request for your unused wallet funds and any unexpired period of your subscriptions. You will not be entitled to a refund for any unused Virtual Currency or other products.
17.Closing your SEN account
You may close your SEN account by contacting us using the details below. We may close your account if it has not been used for at least 24 months. In both cases, we will not provide you with a refund of your unused wallet funds and unexpired periods of your subscriptions unless we are required to do so by law. After your account is closed, you will not be able to access the SEN nor use the products purchased with that account.
18.Protecting our network (including failure to comply with these terms of service)
If we believe in our sole discretion that you, one of your Sub Accounts or any account that you permit to use your console has breached these terms of service, brings the SEN into disrepute, is involved in fraudulent activity, or we believe that your account has been hacked, we may take any actions we believe are reasonable in the circumstances to protect our interests and those of other users. In particular, we may:
(i)Reset the password for your SEN account;
(ii)Upload updates to your Sony system intended to discontinue unauthorised use;
(iii)Stop or suspend any subscriptions associated with your SEN account;
(iv)Stop or suspend access to all or any part of the products available via the SEN;
(v)Ban your SEN accounts (which will include all of your Sub Accounts), temporarily or permanently;
(vi)Ban access to the SEN from any Sony system that you use, temporarily or permanently; and/or
(vii)Bring, initiate and/or participate in government, criminal and/or private legal action against you.
While your account and/or Sony system is banned, you may not be able to use the SEN products that you have paid for. We will not provide you with a refund of your unused wallet funds and unexpired periods of your subscriptions unless we are required to do so by law. If your SEN account is banned, you may still need to contact customer services if do not wish to renew your subscriptions.
A failure or delay in taking action in response to any breach(es) is not a waiver of any of our rights or remedies and we may still take action in response to such breach(es), or any other breach, at a later date.
19.Limits on our liability and your rights
As far as permitted by law, we are not responsible or liable for nor do we give warranty or representation in relation to:
(i)The quality, functionality, availability, completeness, accuracy or performance of the SEN or its products;
(ii)Any errors, bugs or viruses in, or malicious use of, the SEN or its products;
(iii)Inability to purchase or use any products available via the SEN;
(iv)The activity and shared materials of other SEN users or hackers;
(v)Services and/or products provided by third parties;
(vi)Incompatibility of products with Sony systems licensed for sale outside of Europe, the Middle East, Africa, India, Russia and Oceania;
(vii)Loss of data, loss of or damage to software or hardware or unauthorised access to your SEN account as a result of using or accessing the SEN; and
(viii)Your Internet connection, including connection, data and roaming charges and any failure to have sufficient bandwidth to download or stream products from SEN.
We may withdraw access to free products or subscription trials at any time.
As far as permitted by law: (a) if we fail to deliver any paid-for product available via the SEN, our liability and your only remedy is (at our option) either re-providing the product or adding the amount you paid for the product to your SEN wallet; and (b) our liability and your only remedy in any other case is limited to £50 (or local currency equivalent) or, if higher, the amount of unused funds in your SEN wallet.
20.Changes to these terms of service and our right to assign our contracts with you
We may make changes to these terms of service from time to time. We will notify you of material changes, including by a posting when you sign in to the SEN, by PSN message or by email to the email address registered to your SEN account. If you or your Sub Accounts continue to use the SEN after a change is made, you are agreeing to the changes. If you do not accept a change, please contact us to close your account. In these circumstances, you will be given a refund of any unused wallet funds.
We may assign our rights and obligations under these terms of service and any contracts between you and us on these terms of service without your consent at any time. You may not assign your rights and obligations under these terms of service or your contracts with us on these terms of service.
21.Governing law, jurisdiction and third party rights
As far as permitted by law, you and we agree these terms of service, 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.
Sony Computer Entertainment Europe Limited has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms of service as amended from time to time. Otherwise, no one other than a party to these terms of service, their successors and permitted assignees shall have any right to enforce any of the terms.
22.Our company and contact details
We are Sony Network Entertainment Europe Limited of 10 Great Marlborough Street, London W1F 7LP, United Kingdom (Company Reg. no 6020283). You can contact us at this address or at
sonyentertainment.uk@eu.sony.com.
If you have any comments or questions about third party services and/or products available via SEN, you should contact that third party.
Software Usage Terms
1. Who are we?
1.1. We are Sony Computer Entertainment Europe Limited of 10 Great Marlborough Street, London, W1F 7LP, United Kingdom.
. Defined Terms
2.1. Authorised Systemsmeans any of PS one, PlayStation®2, PlayStation®Portable, PlayStation®3, PlayStation®Vita and PlayStation®4 systems.
2.2. Software means PlayStation game and application software 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.
4. Software is Licensed
4.1. All Software is licensed, not sold, 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. Who Licenses the Software to me?
5.1. There are two types of Software:
5.1.1. software published, and licensed to you, by us; and
5.1.2. software published, and licensed to you, by other companies.
5.2. The publisher is identified either:
5.2.1. on the box - for Software on a physical disc such as DVD, Blu-ray Disc or PS Vita Card (Disc-based Software); or
5.2.2. in the product description - for Software you download from the PlayStation®Store, the Sony Entertainment Network web store or from such other digital retail stores as we approve from time to time (Software Downloads).
5.3. If we are the publisher of the Software, we license you to use it on these Terms and any other specific terms we tell you about in relation to specific Software.
5.4. If another company is the publisher of the Software, they license you to use it on terms which include, but may not be limited to, these Terms. That company may tell you about other terms it imposes on your use of its Software, in which case those terms apply in addition to these Terms, not instead of them. In the case of any conflict between the additional terms and these Terms, these Terms apply.
6. Limitations on Your Use of Software
6.1. 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 (as indicated on the box for Disc-Based Software, in the product description for Software Downloads or otherwise notified by us to you from time to time) and only in Europe, the Middle East, Africa, India, Russia and Oceania.
6.2. You must not use Software commercially, broadcast it, charge for its use or make other public performance of it without express permission from us and, if the publisher is another company, additionally from the publisher.
6.3. You must not lease, rent, sublicense, publish, modify, adapt, or translate any portion of the Software.
6.4. You must not emulate the Software.
6.5. 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.
6.6. You must not use any means to bypass or disable any encryption, security, or authentication mechanism for the Authorised Systems or to gain unauthorised access or to interfere with any account, service, hardware, software or network connected to Sony Entertainment Network.
7. Resale
7.1. You must not resell either Disc-based Software or Software Downloads, unless expressly authorised by us and, if the publisher is another company, additionally by the publisher.
8. Age Ratings
8.1. If Software displays an age rating, it means it contains content that is unsuitable for anyone below that age. If you are a parent or guardian, see eu.playstation.com/parents for information on how to stop games rated above a certain level running on your PlayStation®Portable, PlayStation®3, PlayStation®Vita or PlayStation®4 system.
8.2. If you, or an account-holder for whom you are responsible, have a registered age below the age rating indicated on specific Software, we may prevent you or that account-holder, viewing, purchasing or using that Software. In respect of games Software, we may prevent you or that account-holder using online modes of that game, even if the offline modes are playable on your PlayStation®Portable, PlayStation®3, PlayStation®Vita or PlayStation®4 system.
9. Privacy and Using Software Online
9.1. The PSN allows you to use your Software online. When you use PSN:
9.1.1. the SEN Terms of Service and User Agreement (SEN Terms of Service) which you entered into with Sony Network Entertainment Europe Limited when you created your SEN Account applies in addition to these Software Usage Terms; and
9.1.2. we and Sony Network Entertainment Europe Limited may collect information about you. An explanation of how your personal information is used can be found in the SEN and PSN Privacy Policy.
You can find the SEN Terms of Service and SEN and PSN Privacy Policy at eu.playstation.com/legal.
9.1.3. If Software is licensed to you by another company, they may also collect information about you and they will explain that in their privacy policy.
10. How to behave in an Online Community
10.1. Your Authorised System and authorised Software published for use on it may provide community features that let you play with and against other people; communicate and interact with other people; and share information from your Authorised System, game and other activity via PSN and via other social networks. Your use of community features is governed by several agreements, with different companies:
10.1.1. these Terms; and
10.1.2. the SEN Terms of Service; and
10.1.3. the SEN and PSN Privacy Policy; plus
10.1.4. any additional terms provided by the Software publisher; and
10.1.5. any additional terms provided by the company that operates the social network you use (for which you might have to have an account).
10.2. 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:
10.2.1. do not share anything that is defamatory or racially, ethnically, religiously or sexually offensive;
10.2.2. do not act in a threatening or bullying manner;
10.2.3. do not stalk anyone;
10.2.4. do not access, use or distribute any content or material that infringes someone else's privacy or intellectual property rights
10.2.5. do not conduct any activities that violate any applicable laws; and
10.2.6. do use common sense and good manners at all times.
11. Creating and Sharing Online
11.1. UGM created and shared by you belong to you but we and, where applicable, the relevant Software publisher still have intellectual property rights in your UGM so you must not commercially exploit UGM without our consent and the consent of the Software publisher.
11.2. You authorise us and other PSN users, to use, distribute, copy, modify, display, and publish your UGM, your PSN Online ID (and, if you choose to use it, your name) throughout PSN, the Sony Entertainment Network and other associated services such as 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 PlayStation® products, Software and services. You recognise that we and other PSN users 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.
12. What if I have a bad experience online?
12.1. 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 PSN Users' activity and UGM and no liability to others for your activity and UGM.
12.2. If you experience any unacceptable or inappropriate behaviour in-game, we want you to let the relevant publisher (which might be us) know.
12.3. 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.
13. Reporting from games we publish
13.1. To assist you in our Games and for functionality we provide via our Authorised Systems (e.g. PSN messaging), we include grief reporting mechanisms where we think they might be most relevant. For example, you'll see a report option next to messages you receive on PSN and in-game reporting tools in each of the games we publish, if that game 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:
13.1.1. if you report a PSN message, when you send us the report you will also send us a copy of the message you are reporting and any attachment to it; and
13.1.2. 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.
13.2. If there is no grief reporting facility within a specific game we publish, please go to eu.playstation.com/griefreporting to make your report.
14. Are we monitoring PSN?
14.1. Yes but we can't monitor all PSN 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 PSN activity and to remove any of your UGM at our sole discretion, without further notice to you. Your use of PSN and our community features may be recorded and collected by us or sent to us by other users as described in 13.1. 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 PSN Online ID and IP address, may be used by us or our affiliated companies to enforce these Terms and the SEN Terms of Service, 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 Software Usage Terms, you expressly consent to this.
14.2. Use of the community features provided by your Authorised System and authorised Software published for use on it in accordance with the applicable agreements described in clause 10.1 will not breach clauses 6.2 and 6.5 of these Terms.
15. Online Stores
15.1. Whilst using Software online, you may have the opportunity to purchase items from an online store, using your SEN wallet. All purchases are made from Sony Network Entertainment Europe Limited and are subject to the SEN Terms of Service. Please check usage rights and age ratings for each purchase as these differ from item to item. Stores may not be available in some countries and some languages see eu.playstation.com/legal.
16. Software Updates and End of Service
16.1. Software may be updated from time to time, which may include adding to or removing existing functionality.
16.2. We and other publishers 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.
16.3. 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.
16.4. Other publishers may withdraw online support for their games and may notify you of forums or websites you should check for updates.
17. Copyright Ownership
17.1. All Software contains library programs, the copyright to which is owned by Sony Computer 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.
18. Enforcement of Software Usage Terms
18.1. You agree we can enforce these Terms against you in respect of all Software whether or not we are the publisher.
November 2013
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