Terms of Service

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Terms of Service

Welcome to the PlayStation family of web sites (“Sites” or “our Sites”). These Terms of Service apply to us.playstation.com, all official game sites for games published by Sony Computer Entertainment America Inc., naughtydog.com and any other sites operated by SCEA or its subsidiaries (“SCEA”) or that link to these Terms of Service.

Don’t forget that you are legally obligated to the Terms of Service noted below as well as to any other agreements, terms and rules that we tell you apply to your use of our Sites.

Please don’t use our Sites if you don’t agree to these Terms of Service because once you are on our Sites, you have to follow the rules. SCEA and its subsidiaries, representatives and agents that assist in operating our Sites reserve the right to temporarily or permanently disable access to the Sites for anyone who violates these Terms of Service. Because of the importance of these Terms of Service, we will disable access to the Sites at our discretion and may do so without notice.

Because we reserve the right to change the Terms of Service at any time, we recommend visiting this page periodically to make sure that the rules have not changed since your last visit. By using these Sites, you agree to be bound by all of the current terms of service.

Here are the Terms of Service we expect you to follow:

1. ABILITY TO ACCEPT TERMS OF SERVICE

These Terms of Service form a legally binding contract between you and us. By using our Sites, you affirm that you are at least 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

2. ACCOUNT AND NON-ACCOUNT USERS

You do not need to create a PlayStation®Network ("PSN") account with us in order to view the Sites. However, if you already have a PSN account or if you create one, you will have access to more of the features on our Sites, as well as access to the PSN online community – which allows you to play games online and buy content and services, like new levels for your favorite games, movies, television shows or original programs. If you do not already have a PSN account, you can create one here: http://www.us.playstation.com/PSN/SignUp. Note that if you do choose to create a PSN account, you will need to agree to a separate Terms of Service and User Agreement ("ToSUA") and Privacy Policy that govern PSN. When you login to your PSN account while on one of our Sites, the PSN ToSUA and Privacy Policy also apply to your activities on that Site to the extent they do not conflict with these Terms of Service. Except for any internet fees that you are responsible for, creating a PSN account is free, so we encourage you to do so.

3. USE OF YOUR INFORMATION

We respect your information and privacy and will not publicly disclose your personal information to non-affiliated third parties other than as stated in our Privacy Policy. By using our Sites, you acknowledge that we are not responsible for any personal information that you publicly disclose (intentionally or unintentionally) using the Sites’ services such as through discussion forums or message boards. You should avoid saying anything personally identifying in these areas of our Sites.

If you use our Sites you also agree that through your use of the Sites, you may be provided with information about SCEA’s or a third party’s products or services, including promotions, advertisements, product placements or marketing materials within the Sites. You acknowledge that SCEA does not endorse any of the products or services advertised, promoted or marketed by third parties.

4. OWNERSHIP OF CONTENT ON SITES

Everything on or used in connection with our Sites, including text, images, graphics, logos, audio and video content and software (collectively, “Content”) – with the exception of User Generated Content as defined below – is owned by us or our affiliates, subsidiaries, licensors or suppliers. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content (including Content that the Sites enable you to download or save) without our express permission.

Here’s what permission we do give you to use the Content. First, we give you permission to use the Content to surf and view our Sites, which means displaying or loading the Content on your computer in connection with typical web browsing activity. Second, we give you permission to use the Content for your personal, non-commercial uses. This means, however, that you do not have our permission to distribute the Content, to publicly display the content, charge any fee for it, use the Content to create your own website, construct a database with the Content or replicate our Sites or any parts of it elsewhere. (We intend these only as examples and are not an exhaustive list of things you can’t do with our Content).

Regardless of the permissions we give you to use the Content, we remain the sole owner of all the Content, and you do not acquire any ownership rights in the Content by assembling, creating files, downloading or saving any of it. If we have included an author attribution, a trademark or copyright notice or other legal notices on the Content, you should not remove or alter any of these.

5. USER GENERATED CONTENT

Some of the Sites have tools that allow you to communicate with other users and to create, post, upload, share and distribute various forms of content for and in connection with the Sites, including pictures, photographs, videos and other information or materials (collectively, “User Generated Content”). Keep in mind that User Generated Content does not include your blog and message board postings. If you post your insights, ideas, opinions and comments on our blog site or message boards, you cannot prevent SCEA or other members of the community from using them, and you give your consent to SCEA and anyone else to use your posts in any manner.

A. YOUR USE OF USER GENERATED CONTENT

It’s great that users on our Sites can upload or share content with each other, but we do not authorize you to upload or share on our Sites certain items and content. Do not create, transfer, share, send, submit, post or upload any User Generated Content that:

Is protected by copyright, trademark, patent or trade secret or subject to third-party proprietary rights, including rights of privacy and publicity - unless you are or have permission from the rightful owner;
Contains fraudulent statements or misrepresentations that could damage us or any third party;
Contains any statements or materials that disparage, ridicule or scorn us or any third party;
Is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate;
Is an advertisement, solicitation of business or engages in any commercial activity on the Sites;
Is an impersonation of another person;
Produces SPAM on or throughout the Sites publicizing a product or event; or
Violates any of the rules of Code of Conduct (described below), these Terms of Service, the PSN ToSUA, Privacy Policy or other agreements that we incorporate into these Terms of Service by reference.

B. LICENSE FOR USER GENERATED CONTENT

If you post, upload or make available any User Generated Content on our Sites, you will still own the User Generated Content (assuming you have rights to own it) but you are giving us the right to use your User Generated Content. If you create, transfer, share, send, submit, post or upload any User Generated Content to our Sites, you grant us certain rights to use it (described below) without getting your further permission or having to pay you for it.

In legal terms, by transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on these Sites, you grant SCEA a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from your User Generated Content, in any form, format or medium of any kind now known or later developed, both on these Sites and other online locations, and in other forms or media off the Internet. You waive any moral rights you might have with respect to any User Generated Content you provide to us.

In addition, by transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on these Sites, you acknowledge that other users of the Sites may use your User Generated Content. SCEA is not responsible for enforcing any rights you may have with respect to your User Generated Content against other users. If you have a dispute with another user of the Sites, you are responsible for contacting the other user directly; do not contact SCEA.

C. SCREENING AND REMOVAL OF USER GENERATED CONTENT

SCEA may or may not pre-screen User Generated Content. SCEA has the right (but not the obligation) to move, remove, block, edit, or refuse to post any User Generated Content for any reason, including that User Generated Content violates these Terms of Service or other applicable terms, rules or agreements between you and us.

D. RISK FROM USER GENERATED CONTENT

We cannot and do not monitor or manage all User Generated Content. We therefore do not make any promises about the accuracy, integrity or quality of User Generated Content and do not endorse it in any manner. In other words, enjoy what other members post or share, but do it at your own risk.

All User Generated Content made available on the Sites is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Generated Content that you provide.

6. YOUR COPYRIGHTED WORK

Just as Sony Computer Entertainment America, Inc. (“SCEA”) requires users of our Sites to respect our copyrights and those of our affiliates, licensors and business partners, we respect the copyrights of others. To that end, we have adopted this Copyright Policy in accordance with the Digital Millennium Copyright Act (“Copyright Act”) (17 U.S.C. 512 et seq.).

Once SCEA’s representative who has been designated to receive notification of claimed copyright infringement (“Designated Agent”) – whose name and contact information is noted below – receives proper notice of the alleged infringement, or if SCEA otherwise comes to believe in good faith that any specific content, including user generated content, on the Sites contain material that infringes copyright (“Disputed Content”), SCEA may (1) promptly remove or block access to the Disputed Content or (2) deny access to the Sites to users that repeatedly violate copyright or other intellectual property rights. SCEA will take reasonable steps to notify a user who has uploaded Disputed Content if that Disputed Content is subsequently removed or disabled.

Procedure for Reporting Copyright Infringement:

If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, you or a person authorized to act on your behalf may notify our Designated Agent:

Riley Russell
Legal & Business Affairs Department
Sony Computer Entertainment America Inc.
919 East Hillside Blvd., 2nd Floor
Foster City, CA 94404
By phone: 650-655-8000
By email: infringement@playstation.sony.com

Pursuant to federal law, your notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that you alleged is being infringed;
Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works on the Site are included in a single notification, a representative list of all those works on the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Your contact information, including address, telephone number, and, if available, email address;
A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, or if your address is outside of the United States, for any judicial district in which SCEA is located, and that you will accept service of process from the person who provided notification or an agent of such person. A statement made under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right under the Copyright Act that is allegedly infringed.

Supplying a Counter-Notice Regarding Alleged Copyright Infringement

If you are the provider of the Disputed Content and believe a copyright infringement notice has been wrongly submitted against you as a result of mistake or a misidentification of the claimed copyrighted material, you may send a counter-notification to our Designated Agent (whose address is included in Paragraph 1 above). The counter notification must provide the following information:

Physical or electronic signature of the subscriber;
Identification of the Disputed Content that has been removed or to which access has been disabled, and the location where the Disputed Content appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you believe in good faith that the Disputed Content was removed or disabled as a result of mistake or misidentification;
Your name, address, telephone number and, if available, email address; and
A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, or if your address is outside of the United States, for any judicial district in which SCEA is located, and that you will accept service of process from the person who provided notification or an agent of such person.

If our Designated Agent receives a counter-notice from you, SCEA will send a copy of it to the original complaining party informing that person or entity that SCEA may replace the removed Disputed Content or cease disabling access to it. Please note that when we forward the counter-notice, it includes your personal information. By submitting a counter-notice, you consent to having your information revealed in this way. We will not forward the counter-notice to any party other than the complaining party.

Unless the Designated Agent receives notice from the original complaining party that the original complaining party has filed an action seeking a court order to restrain the user who posted the Disputed Content from engaging in infringing activity relating to the Disputed Content on the Site, SCEA will replace or restore access to the Disputed Content on the Site or permit the user to re-post the Disputed Content.

7. CODE OF CONDUCT

To allow the PlayStation community to develop and grow in a healthy and respectful fashion, we have some rules that everyone needs to follow. Unfortunately, anyone who can't follow these rules may be banned from using the Sites or even the PlayStation®Network. If you are logged into the PSN, please note that the PSN ToSUA as well as this Sites’ Privacy Policy also apply.

You are not allowed to provide anyone with your real name or any other personally identifying information or the name, phone number, address, password or any other personally identifying information of any other person or business through any means on our Sites, including messaging, chat or any other forms of communication available through the Sites.

You are also prohibited from engaging in any of the following:

8. REPORTING ABUSE

To report violations of these Terms of Service call SCEA Consumer Services at 1-800-345-7669 or use the moderation tools that may be available on the Site where the conduct is occurring.

9. HOTSPOT AND INTERNET SERVICE PROVIDERS

SCEA is not associated with any Internet service providers, including hotspot operators (collectively, “ISPs”). SCEA is not responsible for any damages or injury arising from or related to your use of ISP services. When you access the Internet, you are providing information directly to the ISP and not to SCEA. This information is collected by the ISP and is not shared with SCEA. Before accessing the Internet, you should carefully read the ISP’s user agreement, terms and conditions and privacy policy carefully.

10. LINKING POLICY

If you link to these Sites from another web site: (i) the link must not damage, dilute or tarnish the goodwill associated with any SCEA name or entity; (2) the link must not create the false appearance that the other website is sponsored by, endorsed by, affiliated with or associated with SCEA; (3) the website may not “frame” or alter these Sites in any way; and (4) the linked website may not be unlawful, abusive, indecent or obscene, promote violence or illegal acts, be libelous, defamatory or otherwise deemed inappropriate, as determined by us in our sole discretion; and (iv) the linked website may not display our Content, including any of our logos, to create a link, without our prior written consent.

Our Sites may allow you to link to third-party websites. Just because third-party website links exists on our Sites does not mean that we have thoroughly evaluated the third-party websites. Those third-party websites do not belong to us, and we have no control over and assume no responsibility for the content, accuracy, usefulness, safety, privacy policies or practices of these websites. By using our Sites, you expressly relieve SCEA of any and all liability arising from your use of any third-party websites linked to our Sites. Enjoy the links, but do so at your own risk.

11. SWEEPSTAKES, CONTESTS AND PROMOTIONS

From time to time, these Sites may provide information about sweepstakes, contests or promotions that may be governed by a separate set of rules and may also have eligibility requirements. You must read those rules to determine whether or not your participation, registration or entry will be valid and to determine all other applicable requirements.

12. WARRANTY DISCLAIMER

We really hope you enjoy the Sites, and we also hope the Sites will function properly. Your use of the Sites, however, is at your sole risk. To the fullest extent permitted by law, SCEA, its officers, directors, shareholders, employees representatives, and agents disclaim all warranties, express or implied, including the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, in connection with the Sites and your use of them. SCEA makes no warranties or representations about the accuracy or completeness of the Sites, and assumes to the maximum extent permitted by law no liability or responsibility for any (a) errors, mistakes or inaccuracies on the Sites; (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Sites; (c) unauthorized access to or use of our secure servers or any and all Personal Information that is not submitted using a secured transmission; (d) interruption or the cessation of transmission to or from our Sites; (e) bugs, viruses, trojan horses or the like that may be transmitted to or through our Sites by any third-party; or (f) errors or omissions on our Sites or for any loss or damage of any kind incurred as a result of your use of any content available via the Sites. SCEA does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the SCEA or any hyperlinked website or feature in any banner or other advertising, and SCEA will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

13. LIMITATION OF LIABILITY

We have to throw in some more legal language we need to protect us so that we can provide you the benefits of the Sites. In no event will SCEA, its officers, directors, employees, shareholders, representatives or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (a) mistakes or inaccuracies of content on the Sites, (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Sites, (c) any unauthorized access to or use of our secure servers or any and all non-secured personal information (d) any interruption or the cessation of transmission to or from the Sites, (e) any bugs, viruses, trojan horses or the like that may be transmitted to or through the Sites; or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or made available via the Sites, whether based on warranty, contract, tort or any other legal theory and whether or not the company is advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction.

14. INDEMNITY

You agree to defend, indemnify and hold harmless SCEA, its affiliates, subsidiaries, officers and directors, shareholders, agents, employees and partners, and any other parties with whom SCEA may contract to provide the Sites, from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, fines or forfeitures, expenses or damages (including reasonable legal fees and expenses) of whatsoever kind and nature imposed on, incurred by or asserted against SCEA arising out of (i) your User Generated Content; or (ii) your breach or alleged breach of any representation, warranty, covenant or obligation pursuant to these Terms of Service, the Privacy Policy or the PSN ToSUA. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification from you. In such event, you shall provide us with cooperation reasonably requested by us.

15. MODIFICATION

SCEA at its sole discretion may modify the provisions of these Terms of Service at any time. You are responsible for reviewing these Terms of Service each time you use these Sites. By using the Sites, you agree to be bound by all current Terms of Service. To print out a current copy of these Terms of Service using your computer, go to http://www.us.playstation.com/termsofuse.

16. INDEPENDENT PARTIES

You and SCEA are independent parties, and nothing in these Terms of Service constitutes a partnership between or joint venture of you and SCEA or to make either party the agent of the other. You are not allowed to hold yourself out contrary to the terms of this paragraph (so please don’t), and SCEA is not liable for any representation, act or omission by you contrary to the provisions of these Terms of Service.

17. TERMINATION

SCEA has the right to terminate your access to use the Sites for any reason, including for violation of these Terms of Service. If we ever terminate your access to the Sites, sections 3-9, 12, 13, 15 – 19, 21 and 22 of these Terms of Service will still apply to you.

18. STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites or these Terms of Service must be filed within one (1) year after the claim or cause of action arose or be forever barred.

19. GOVERNING LAW AND JURISDICTION.

These Terms of Service and all questions relating to the performance, interpretation, breach or enforcement of these Terms of Service, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of California. You agree that all disputes, claims or litigation arising from or related in any way to these Terms of Service and our relationship with you will be litigated only in a court of competent jurisdiction located in San Mateo County, State of California. You agree to be subject to personal jurisdiction and venue in that location.

THANKS FOR TAKING THE TIME TO READ ALL THAT LEGAL LANGUAGE. NOW GO ENJOY OUR SITES!
“PlayStation”, the “PS” Family logo, and “PSP” are registered trademarks of Sony Computer Entertainment Inc. The Sony Computer Entertainment logo is a registered trademark of Sony Corporation. All other games and properties shown on this site are trademarked and copyrighted properties of their respective owners or licensors.

PlayStation®Network
TERMS OF SERVICE AND USER AGREEMENT

Version 3.0 (July 15, 2008)

PLEASE READ THIS ENTIRE AGREEMENT AND INDICATE WHETHER YOU AGREE TO ITS TERMS BY CLICKING THE "ACCEPT" OR "DO NOT ACCEPT" BUTTON AT THE END OF THE AGREEMENT. YOUR ACCESS TO SONY COMPUTER ENTERTAINMENT AMERICA’S PlayStation®Network (“PSN”) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU CLICK THE "DO NOT ACCEPT" BUTTON, YOU WILL NOT BE ABLE TO ACCESS PSN.

This Agreement is a contract between you and Sony Computer Entertainment America Inc. (“SCEA”) and can be accepted only by an adult 18 years or older. If you are under 18, you must ask your parent or legal guardian to consent to this Agreement and Privacy Policy. By clicking the "ACCEPT" button yourself, you affirm that you are 18 years or older and you accept this Agreement. You also affirm that you are accepting this Agreement on behalf of, and all legal and financial responsibility and liability for the actions of, your child, and for all subordinate accounts (“Sub Accounts”) attached to your Master Account.

This Agreement applies to services, software and content provided through or in connection with PSN, including via the PlayStation®Store and virtual communities, whether delivered onto the PLAYSTATION®3 computer entertainment system, the PSP® (PlayStation®Portable) system, a personal computer or otherwise. Such services, software, and content include subscriptions, data, system software, fixes, updates or newer releases and peripheral materials.

If you accept this Agreement, you are subject to its terms and all other agreements that you have entered into in connection with PSN. You agree that you will not directly or indirectly use PSN (i) in any way for any commercial purpose, (ii) in any way that violates the law or the community code of conduct, or (iii) in any way that harms or has the potential to harm SCEA, its parent company, or any affiliates, subsidiaries, licensors, providers, partners of SCEA or its parent company, and users. You agree that you will not use any unauthorized hardware or software to access or use PSN.

1. PSN ACCOUNT REGISTRATION

Through PSN, you can participate in SCEA’s online community, play games online, and purchase content and services, such as new levels for your favorite games, movies, television shows or original programs such as Qore™. PSN may not be available, or may not be supported, in some countries and some languages. You must create a PSN account in order to access PSN’s content and services. SCEA reserves the right to deny the creation of any account at its discretion and for any reason. Currently, there are no charges for creating a PSN account, but there may be charges associated with certain online content or services that are available through PSN. All information provided during PSN account registration must be truthful and accurate. There are two types of PSN accounts: Master Accounts and Sub Accounts. All PSN accounts have an associated PSN mailbox for receiving text mail.

If you are 18 years or older, you can create a Master Account for yourself. Each Master Account can create up to six (6) associated Sub Accounts. You are not permitted to create Sub Accounts for persons under the age of 18 who are not your children or for whom you are not the legal guardian.

A Master Account has access to and control over the following aspects of its Sub Accounts: (i) financial aspects; (ii) content availability and (iii) certain chat features. Text mail from SCEA that relates to a Sub Account’s purchases on PSN will be sent to the mailbox of the associated Master Account. At its sole discretion, SCEA may send text mail to the Master Account relating to the Sub Account’s other activities on PSN.

A child under 18 can only have a Sub Account associated with a Master Account of the child’s parent or legal guardian. If you are creating a Sub Account for a child under the age of 13, you must provide (i) your consent for SCEA to disclose, pursuant to SCEA’s privacy policy, your child’s personally identifying information to third parties for the purpose of allowing your child to participate in PSN activities, such as video and voice chat and gameplay; and (ii) your credit card information. Your credit card will be used to verify parental consent under laws requiring such consent. You will not be charged a fee for creating the Sub Account. If you do not consent to the disclosure of this requested information, you will not be able to create a Sub Account for the child. If all requested information is provided, a separate email containing a code will be sent to the Master Account’s email account with instructions to complete registration by entering the code into the Sub Account using a personal computer. You will need to create for your child an Online ID that will be associated with the child’s PSN Sub Account. Please note that the Online ID is publicly available to and viewable by all PSN users and your child may receive text emails from any PSN users, including adults, in your child’s PSN account mailbox. The parent’s Master Account will not be notified of such text emails sent to a child’s Sub Account mailbox. As the parent or legal guardian, it is your sole responsibility to monitor your child's access to or use of PSN, as well as any communications made or received by your child on or through PSN.

Some content and services may be objectionable or inappropriate to some users, including children under a certain age. Please consider your child’s age and check any product, content or service ratings and descriptions where available, before you access, download or purchase any items or permit your child to do so. In some cases, third parties provide ratings or descriptions for items, and SCEA therefore cannot guarantee the accuracy or completeness of such information. In addition, not all content and services are rated.

Some content that you download to your PLAYSTATION®3 computer entertainment system or PSP® (PlayStation®Portable) system may be accessible by all users of that system. Please monitor all access to content, services, and communications that may be objectionable or age inappropriate. PSN parental controls will not apply to certain types of services or content such as content that is considered streamed material, user communication or certain categories of downloadable content. PSN parental controls may also not apply to some content that is not rated. Your child may not be able to access some content or services or play games rated for users older than his or her registered age. In some countries, parents and legal guardians with Master Accounts will be permitted to set their parental controls to override content restrictions on certain materials for associated Sub Accounts. Please see the Knowledge Base located at the following website for more information: http://playstation.custhelp.com/.

A Master Account can also create Sub Accounts for people over the age of 18. Credit card information is not required to create a Sub Account for someone over 18. Adult Sub Account holders must accept this Terms of Service and User Agreement and the applicable Privacy Policy themselves. The Master Account holder is jointly and severally legally and financially responsible for the actions of his or her Sub Account holders on PSN, regardless of their age.

Both Master Account and Sub Account holders select their own Online ID, Sign-In ID and password to gain access to their accounts. All users should safeguard their account information to prevent use by any other user. Certain information, which may include the Online ID, “About Me” statement, avatar pictures, country/area of residence, preferred language and recently played game titles, will be provided to all PSN users, including children. SCEA shall have no liability for any unauthorized usage of a PSN account. Deletion or termination of a Master Account will result in the deletion and termination of all associated Sub Accounts.

2. PSN COMMUNITY

Currently, no purchase is required to participate in general PSN community activities. If you have a PSN account, you can chat via voice and video with friends and enjoy single sign on benefits without purchase, as well as enjoy online entertainment for which there is no subscription or purchase requirement.

3. COMMUNITY CODE OF CONDUCT

You must adhere to the following rules of conduct, and also follow a reasonable, common-sense code of conduct. Users are required to take into consideration community standards and refrain from abusive or deceptive conduct, cheating, hacking, or other misuse of PSN. Rights of other players should be respected.

The violations that are prohibited include but are not limited to the following:

You may not engage in deceptive or misleading practices.
You may not abuse or harass others, including but not limited to stalking behavior.
You may not take any action, or upload, post, stream, or otherwise transmit any content, language, images or sounds in any forum, communication, public profile, or other publicly viewable areas or in the creation of any Online ID that SCEA, in its sole discretion, finds offensive, hateful, or vulgar. This includes but is not limited to, any content or communication that SCEA in its sole discretion deems racially, ethnically, religiously, or sexually offensive, libelous, defaming, threatening, bullying or stalking.
You may not organize hate groups.
You may not upload, post, stream, or otherwise transmit any content that contains any viruses, worms, spyware, time bombs, or other computer programs that may damage, interfere with, or disrupt PSN.
You may not use, make, or distribute unauthorized software or hardware in conjunction with PSN, or take or use any data from PSN to design, develop or update unauthorized software or hardware, including but not limited to cheat code software or devices that circumvent any security features or limitations included on any software or devices.
You may not modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title, or content.
You may not cause disruption to any account, system, hardware, software, or network connected to PSN for any reason, including to gain an unfair advantage in a game.
You may not attempt to hack or reverse engineer any code or equipment in connection with PSN.
You may not provide anyone with your name or any other personally identifying information, or the name, password or personally identifying information of any other person or business through any means, including messaging, chat or any other form of PSN communication.
You may not take any action that we consider to be disruptive to the normal flow of chat or gameplay, including without limitation uploading, posting, streaming, or otherwise transmitting any unsolicited or unauthorized material, including junk mails, spams, excessive mails, or chain letters.
You may not introduce content that is commercial in nature such as advertisements, solicitations, promotions and links to web sites.
You may not introduce content that could be harmful to SCEA, its licensor, or players such as any code or virus that may damage any property or interfere with the use of the property or PSN.
You may not take any upload, post, stream, access, or otherwise transmit any content that you know or should have known to be infringing or that violates any third party rights, any law or regulation, or contractual or fiduciary obligations.
You may not impersonate any person, including an SCEA or third party employee.
You may not provide SCEA or any third party company with false or inaccurate information, including reporting false complaints to SCEA Consumer Services or providing false or inaccurate information during account registration.
You may not sell, buy, trade, or otherwise transfer your Online ID or any personal access to PSN through any means or method, including by use of web auction sites.
You may not conduct any activities that violate any local, state or federal laws, including but not limited to, copyright or trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud, and the distribution of counterfeit software.

Unless otherwise required by applicable law, there is no requirement or expectation that SCEA will monitor or record any online activity on PSN, including communications. However, SCEA reserves the right to monitor and record any online activity on PSN, and you give SCEA your express consent to monitor and record your activities. SCEA reserves the right to remove any content from anywhere on PSN at SCEA’s sole discretion. SCEA has no liability for any violation of this Agreement by you or by any other player.

4. CONTENT AND SERVICES ON PSN

PSN provides you with the ability to buy a variety of content and services, including game-specific items, video content, as well as game and program subscriptions. All content and services are provided through PSN by SCEA, including content created or published by third parties. Third parties, including publishers may administer some services, including delivery, gameplay or customer service. To enable third parties to provide such services to you, we must provide them with your personal information. If you do not consent to allow us to share your personal information with third parties for the purpose of providing you with PSN services, you will not be able to participate in PSN. In order to access certain content or services, you may be required to accept additional content or service-specific terms and conditions (“Usage Terms”). Notwithstanding any provision of any other agreement, in the event of any conflict between this Agreement and the Usage Terms, any other terms and conditions in connection with PSN or in connection with any disc-based product used with PSN, this Agreement shall control.

In addition, you may be able to set your PLAYSTATION®3 computer entertainment system or other authorized device to automatically download or receive new content from the PlayStation®Store without further notice to you when you sign into PSN. Such content will be subject to the terms of this Agreement.

5. WALLET

All content and services may only be purchased from SCEA using funds from the PSN wallet. All purchases made by the Sub Account or the Master Account must be made through a PSN wallet that is automatically associated with a Master Account. A Sub Account does not have its own separate wallet. Master Accounts can set a maximum spending amount for each Sub Account, effective at the beginning of the following month. A Master Account holder can fund the PSN wallet up to a maximum amount determined by SCEA (“Limit”), using either (i) a credit or debit card; (ii) a pre-paid card where available; or (iii) other payment methods as approved by SCEA from time to time. SCEA reserves the right to refuse purchase of any wallet funds for any reason. Except as otherwise permitted by applicable law or as expressly provided in this Agreement, funds added to the wallet are non-refundable and non-transferable. Wallet funds have no value outside PSN and can only be used to purchase content or services from SCEA through PSN. Subject to applicable law, wallet funds that are deemed abandoned or unused by law will not be returned or restored.

6. PREPAID CARDS

Each Master Account and its associated Sub Accounts will be subject to the Limit. If you acquire a prepaid card that has a value that, when added to the wallet’s existing balance, exceeds the Limit, you will not be able to apply the value of the prepaid card to the wallet until sufficient funds have been spent from the wallet to allow the sum of the full value of the prepaid card and wallet to be equal to or less than the Limit. The Master Account will only accept pre-paid cards with currency value from the same country as the one designated for the Master Account. SCEA is not responsible for, or liable for any claims arising as a result of, any problems encountered using a prepaid card or for any defects in a prepaid card. Your use of the pre-paid card is subject to terms and conditions at http://www.us.playstation.com/card.

7. PURCHASES AND TRANSACTIONS

All purchases and transactions on or through the PSN, including transactions made through the PlayStation®Store, are made solely between you and SCEA. By completing a transaction through your Master Account or allowing a transaction to take place through an associated Sub Account, you are (i) agreeing to pay for all purchases made by the Master Account and its associated Sub Accounts; (ii) authorizing SCEA to deduct from the wallet all applicable fees due and payable for all purchases made by the Master Account and its associated Sub Accounts; and (iii) agreeing to any applicable Usage Term and the terms and conditions associated with the particular content or service, subject to Section 4 above. All sales are final. Content or services are not refundable or transferable, and cannot be redeemed for cash, credit, or funds to your wallet. SCEA reserves the right to deduct from the wallet any amount resulting from a Master Account holder’s request to the Master Account holder’s credit card company to reverse charges for a purchase on the PSN. SCEA also reserves the right to terminate the Master Account and all Sub Accounts associated with the Master Account. In lieu of termination of the Master Account in such circumstances, SCEA may elect to provide a mechanism by which a Master Account may fund the wallet to prevent the Master Account and its associated Sub Accounts from being terminated. All transactions are made in the currency of your country of residence. Features, specifications, prices, items offered for sale and services are subject to change or withdrawal at any time and SCEA does not provide any refunds in the event of a price drop or a subsequent promotional offering. Special product, service offerings, prices and promotions displayed on the PSN are no longer valid once they are changed or removed from PSN. Prices listed do not include sales tax. Applicable sales tax will be calculated and added at the time you purchase the item or service. All sales are subject to the laws of the State of California, County of San Mateo.

You can make purchases only from a designated Sony regional company which is determined by your country/area of residence. Your country/area of residence may be verified by your credit or debit card number and may be rejected if the information does not match. If you are a Master Account holder, you will receive an email summary for each purchase after it is made, if you have given us a valid, current, operational email address. You can view your purchase history in the PSN Account Management area.

Although SCEA will try to ensure that all prices, product descriptions, and its associated terms and conditions are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you promptly. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be cancelled.

Upon SCEA’s confirmation, content or services will be made available to you through your PSN account . You are solely responsible for storing and the safekeeping of your content. SCEA is not responsible for providing you with replacement copies for any reason.

From time to time, SCEA may issue promotional codes or “promo codes” which can be used to access promotional offers for PSN content or services. Each promo code will be subject to specific terms and conditions which will be communicated to you in connection with the promotion. Promo codes may not be available in all countries or to all users, and age restrictions may apply. Promo codes must be used before the specified expiration date, and in accordance with applicable terms and conditions. Unless otherwise stated, promo codes may be used once only by the recipient and may not be transferred or sold to any other person.

8. GENERAL LICENSE RESTRICTIONS AND TERMS

Except as stated in this Agreement, all content and software provided through PSN are licensed non-exclusively and revocably to you, your children and children for whom you are a legal guardian (collectively for purposes of this section, “You” or “Your”), solely for Your personal, private, non-transferable, non-commercial, limited use on a limited number of activated PLAYSTATION®3 computer entertainment systems, PSP® (PlayStation®Portable) systems, and any other hardware devices authorized by SCEA in the United States or Canada (where permitted). All intellectual property rights subsisting in the PSN, including but not limited to, all software, data, and content subsisting in or connection with the operation of PSN, the Online ID, the products and services offered on or through PSN and hardware used in connection with PSN (collectively defined as “Property”), belong to SCEA and its licensors. All use or access to such Property shall be subject to the terms of this Agreement and all applicable copyright and other intellectual property rights laws. You may not sell, rent, sublicense, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Property. Except as stated in this Agreement or otherwise expressly permitted by SCEA in writing, you may not reproduce or transfer any portion of the Property. You may not create any derivative works, attempt to create the source code from the object code, or download or use any Property for any purpose other than as expressly permitted. You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with PSN or any of the content or services offered through PSN. You acknowledge that the PSN service, including some content or services provided through PSN, may contain security or technical features that will prevent use of such content or services in violation of this Agreement. Notwithstanding any terms, Property is not licensed for resale, public performance, display, distribution or broadcast. You knowledge that some content providers and licensors are intended third party beneficiaries who have rights to enforce this Agreement against you and your permitted users. Except as expressly granted in this Agreement, SCEA and its licensors reserve all rights, interests, and remedies in connection with PSN and the Property.

Additional terms of service and use may apply to particular content or services. Use or license terms may be more restrictive depending on content or service. Please read carefully all specific terms of service and use for particular content or service before purchasing. The restrictions to which particular content or service is subject are in the sole discretion of SCEA or its licensors and are subject to change at any time. Use of the terms “purchase,” “sale,” “sold,” “sell” or “buy” on PSN or in connection with PSN shall not mean or imply any transfer of ownership of any content, data or software or any intellectual property rights therein from SCEA or its licensors to any user or third party. All other company, product, and service names and logos referenced on the PSN are the marks, trade names, trademarks/ service marks, and registered trademarks/ service marks (“Marks”) of their respective owners. You may not use or reproduce any Marks without the owner’s expressed written consent. You may not remove any proprietary notices or labels from any content.

9. VIDEO CONTENT

Subject to the terms of this Agreement and any additional terms and conditions for the particular content, SCEA licenses digitalized content of programs, including television shows and movies (“Video Content”) to you for your personal, private, non-commercial viewing in the United States only on a limited number of activated PLAYSTATION®3 computer entertainment systems and/or PSP® (PlayStation®Portable) system(s) (“Authorized Device”) during the authorized viewing period (“Authorized Term”). Video Content is available to you as a rental or purchase. You may rent the content for a limited duration (“Rental Content”), or enjoy the content continuously subject to certain digital rights management rules and the terms and conditions of this Agreement (“Sold Content”). Except for rights explicitly granted to you, all rights in the Video Content are reserved by SCEA and/or its third party licensors.

Only one copy of a Rental Content may be viewable on an Authorized Device for up to 24 hours after the first playback or 14 days after payment for the Rental Content, whichever is sooner. After such time, you will not be able to view the Rental Content. Rental Content may not be reproduced. However, Rental Content in standard definition format that was originally downloaded onto a PLAYSTATION®3 computer entertainment system may be transferred once by the PSN account that purchased the content to one activated PSP® (PlayStation®Portable) system during the Authorized Term. Thereafter, the Rental Content will not be available on the original PLAYSTATION®3 computer entertainment system, and no subsequent transfer to any other device including a PLAYSTATION®3 computer entertainment system or a PSP® (PlayStation®Portable) system is currently permitted. Rental Content in standard definition format that was originally downloaded onto a PSP® (PlayStation®Portable) system may be viewable on only one (1) activated PSP® (PlayStation®Portable) system during the Authorized Term. Rental Content in high definition format may be viewed on only one (1) activated PLAYSTATION®3 computer entertainment system.

You may view Sold Content for an unlimited number of times on an Authorized Device. Sold Content in standard definition format that was initially downloaded onto a PLAYSTATION®3 computer entertainment system may be copied solely by the PSN account that purchased the Sold Content for use on up to three (3) activated PSP® (PlayStation®Portable) systems. Sold Content in standard definition format that was initially downloaded for a PSP® (PlayStation®Portable) system may be viewable on two (2) other activated PSP® (PlayStation®Portable) systems. Sold Content in high definition format may be viewed on only one (1) activated PLAYSTATION®3 computer entertainment system.

Proper activation of the PLAYSTATION®3 computer entertainment system or the PSP® (PlayStation®Portable) system by the PSN account that purchased the Video Content is required for all downloads, transfers, copies and viewings. Purchase of Video Content is connected to the purchasing PSN account and any one PSN account can activate no more than the maximum number of Authorized Devices stated in this Agreement or in any terms and conditions for the particular Video Content, regardless of the number of copies of Video Content purchased using the PSN account. Video Content may not be transferred from one PSN account to another. SCEA reserves the right to limit the number of times the PLAYSTATION®3 computer entertainment system or the PSP® (PlayStation®Portable) system may be activated or deactivated.

Downloading will be not permitted outside the Authorized Term. In addition, once the Video Content has been downloaded from PSN, you will not be able to download it again for any reason without purchase of another copy.

Some content such as movie trailers may not be representative of the actual feature presentation. Digitalized versions of some content may not be identical with the original formatted content or previously released versions of the same titled content.

Video Content will play on displays ranging from standard definition to 1080p depending on the content. Video output in certain formats may require additional equipment, sold separately.

For more information on Video Content, please visit http://playstation.custhelp.com/.

For specific information on ratings for some Video Content, please visit http://www.mpaa.org/FlmRat_Ratings.asp and http://tvguidelines.org/.

10. SUBSCRIPTIONS

Subscriptions may not be shared among any PSN accounts, including the Master Account with its associated Sub Accounts. All subscriptions will be automatically renewed unless you cancel the subscription. For automatic renewal, your wallet must contain funds in an amount sufficient to cover the subscription’s automatic renewal cost, or your subscription will be terminated. If you do not have sufficient funds in your wallet and you have previously entered your credit card billing information, your credit card will be automatically charged a minimum amount determined by SCEA in order to renew your subscription automatically, even if the amount charged exceeds the cost of the subscription. Any difference between the amount charged and the sum of the cost of the subscription and existing balance will be credited to your wallet. Subscription charges may be increased at the end of each subscription period. If charges are increased, you will be asked to confirm whether to continue with the subscription. You may cancel subscriptions via PSN Account Management. Cancellation will take effect from the next renewal of that subscription. Except as otherwise stated in this Agreement, you will not receive a refund for any subscriptions paid in advance.

11. MAINTENANCE AND UPGRADES

From time to time, it may become necessary for SCEA to provide certain content or services to you to ensure that PSN, content or services offered through PSN, your PLAYSTATION®3 computer entertainment system, the PSP® (PlayStation®Portable) system or other SCEA-authorized hardware is functioning properly in accordance with SCEA guidelines. Some content or services may be provided automatically without notice when you sign into PSN. Such content or service may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities. Such upgrades or updates may be provided for system software for your PLAYSTATION®3 computer entertainment system, the PSP® (PlayStation®Portable) system, or other SCEA-authorized hardware. Access or use to any system software is subject to terms and conditions of a separate end user license agreement found at http://www.us.playstation.com/termsofuse. You authorize SCEA to provide such content and services and agree that SCEA shall not be liable for any damages arising from provision of such content or services or maintenance services. It is recommended that you regularly back up any data located on the hard disk that is of a type that can be backed up.

12. INFORMATION

SCEA may provide all users with information relating to your game play. You hereby authorize SCEA to use, distribute, copy, display, and publish information relating to your game play for gaming purposes including tournaments and ranking, without payment to you. In addition, you will have the option to post, stream or transmit pictures, photographs, game related materials, or other information through PSN to share with the PSN community (“User Material”), provided no rights of others are violated. You authorize and sublicense SCEA the right to authorize anyone to use, distribute, copy, modify, display, and publish your User Material in any manner on any medium without payment to you, and you hereby waive all claims, including any moral rights, against SCEA, its affiliates and subsidiaries for SCEA or any other third party’s use of User Material and game play information, as applicable. By posting, streaming, or transmitting any User Material, you represent and warrant that you have the appropriate rights to use, post, distribute, and transmit the User Material and to grant SCEA the rights stated in the foregoing sentence. You further agree to cooperate with SCEA in resolving any dispute that may arise from your User Material. SCEA reserves the right to remove any User Material at its sole discretion.

Through your use of PSN, you may be provided with information about SCEA’s or a third party’s products or services. This information includes, but is not limited to, promotions, advertisements, product placements or marketing materials within PSN or a game, whether it is connected to or provided through PSN or not. You agree that SCEA and its partners and providers may collect information regarding your activities, access, or game play, and may use and distribute such information for their marketing purpose subject to the terms of SCEA’s privacy policy or the policies of third parties where applicable. SCEA does not endorse any of the products or services advertised, promoted or marketed.

13. TERMINATION/ CANCELLATION

If SCEA determines in its sole discretion that you have violated any term of this Agreement, the Usage Terms, or any other terms and conditions connected with PSN or have otherwise injured or damaged the PSN community, SCEA may take all actions to protect its interests, including termination or suspension of your PSN account (both the Master Account and any associated Sub Accounts), automatic removal or blockage of the content, implementation of upgrades or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as necessary to remedy the violation. If your breach is in connection with content that you have downloaded, you must immediately cease use of such content and delete all copies from all of your devices. Upon termination for any reason, you will not receive a refund for items, value accumulated on in-game items or any unused balance in your wallet except as expressly provided in this Agreement. Any game ranking or scores, or information in connection with PSN will not be retained or accessible by you or your associated Sub Accounts. SCEA reserves the right to bring legal action and to participate in any government or private legal action or investigation relating to your conduct, which may require the disclosure of your information. Unless as otherwise stated in this Agreement, SCEA, at its sole discretion, may indefinitely suspend, or discontinue any and all online services and content at any time, including for maintenance service or upgrades, without prior notice or liability.

14. GENERAL LEGAL

SCEA, at its sole discretion, may modify the terms of this Agreement at any time, including imposing a fee for creating PSN accounts. By accepting this Agreement or by accessing PSN, you agree to be bound by all current terms of the Agreement. To access a printable, current copy of this Agreement, go to http://www.us.playstation.com/termsofuse on your personal computer. If material changes to this Agreement are made, you will be notified by a posting as you sign in to PSN. If necessary, you will be given additional choices regarding such change(s). Please check back from time to time to ensure that you are aware of these changes. Your continued use of PSN, including use of your associated Sub Account(s), will signify your acceptance of these changes. If you do not accept material changes to the Agreement, then you may contact us to terminate this Agreement and your account(s). If there are funds in your wallet as of the date SCEA terminates your account, those funds may be refunded to you and you will not be able to access PSN.

This Agreement shall be construed and interpreted in accordance with the laws of the State of California applying to contracts fully executed and performed within the State of California. Both parties submit to personal jurisdiction in California and further agree that any dispute arising from or relating to this Agreement shall be brought in a court within San Mateo County, California. In the event of litigation to enforce any part of this Agreement, all costs and fees, including attorney’s fees, shall be paid by the non-prevailing party.

15. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

No warranty is given about the quality, functionality, availability or performance of PSN, or any content or services offered on or through PSN. In addition to the limitations of liability in Sections 1, 3 and 13 of this Agreement, SCEA expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SCEA assumes no liability for any inability to purchase or use any content, goods or services. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN OR IN CONNECTION WITH THIS AGREEMENTAND SCEA’S MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, SCEA EXCLUDES ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING ANY SERVICE OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP® (PLAYSTATION®PORTABLE) SYSTEM, OR ANY HARDWARE DEVICE, OR USING OR ACCESSING THE PSN. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Internet Service Provider fees are the full responsibility of the user.

PLEASE CONTACT SONY COMPUTER ENTERTAINMENT AMERICA INC. CONSUMER SERVICES FOR FURTHER INFORMATION OR QUESTIONS VIA OUR WEBSITE http://www.us.playstation.com/Corporate/ContactUs OR BY PHONE AT 877-971-7669.

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