This Web site (referred to as "The Station") is offered to you, the user, by Sony Online Entertainment Inc. ("SOE") conditioned on your acceptance, without modification, of the terms, conditions, policies and notices contained herein. Your use of The Station constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement"). The Agreement is applicable only to The Station and its subsites and not other sites on the World Wide Web owned or operated by Sony Corporation, its subsidiaries, affiliates and related entities ("Sony Family"). SOE may change, add or remove any part of this Agreement, or any other terms associated with the use of The Station, at any time, by posting a notice of such changes. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use The Station after the notice is posted, you are indicating your acceptance of those changes.
The Station is only for your personal use. You may not sell or exchange anything you copy from The Station or use it for any business or commercial purpose. As long as you comply with the terms of this Agreement, SOE grants you a non-exclusive, non-transferable, limited right to enter, use, perform and display The Station and everything on it. You agree not to interrupt or attempt to interrupt the operation of The Station in any way.
STATION COMMUNICATION FEATURES
You understand that anything sent through or appearing in SOE's Communication Features are the sole responsibility of those persons posting the message. This means that you, and not SOE, are entirely responsible for all information and material that you post there.
SOE has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the SOE system or network who are repeat infringers. SOE may terminate access for content providers or forum participants (e.g., Message Boards, pagers) who are found repeatedly to provide or post protected material without necessary rights and permissions. SOE does not control the content of any postings in SOE's Communication Features and does not guarantee the accuracy, integrity or quality of anything within them. You understand that by using SOE's Communication Features, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will SOE be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within SOE's Communication Features. SOE retains the right to terminate The Station membership and/or game subscription of any Station member who violates the following Rules of Conduct.
Please carefully review SOE's policies concerning (i) submission of creative ideas, suggestions and materials, (ii) fan fiction and/or artwork, and (iii) uploading of photographs, located in Section 5 of The Station's General Terms and Conditions.
I. Rules of Conduct
You agree not to do any of the following while on The Station or in any SOE Communication Feature:
- transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including but not limited to, a Station official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- post or transmit any Content that contains a virus or corrupted data;
- delete any author attributions, legal notices or proprietary designations or labels that you upload to an SOE Communication Feature;
- use an SOE Communication Feature in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps], flooding [continuous posting of repetitive text] or excessively large embedded images);
- post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and
- upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
By submitting (e.g., uploading or transmitting) Content to an SOE Communication Feature, you automatically grant SOE the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived.
SOE and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any SOE Communication Feature. Without limiting the foregoing, SOE and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold SOE harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.
The Message Boards may provide and users may include in messages, links to other Web sites or resources. SOE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. SOE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
GENERAL TERMS AND CONDITIONS
1. Fee-Based Station Games
Some contents and/or services on The Station may be offered to you on a fee basis. If you elect to purchase fee-based content and/or services and transmit to SOE a purchase request, you warrant that your use of the particular credit card is authorized and that all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees you incur. Any account name and password supplied to you in connection with fee-based content and/or service you purchase is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including, without limitation, your co-workers. Any distribution by you of such account name and password may result in cancellation of the fee-based content and/or service without refund and in additional charges based on unauthorized use.
You understand that online games, and system specifications necessary to play those games, may continuously evolve over time. Accordingly, SOE reserves the right to modify and/or increase the system specifications necessary to play any online game - whether free or subscription based - at any time and without notice.
2. Copyright and Trademark Notices
All contents of this Web Site are: Copyright © 1997-2003 Sony Online Entertainment Inc. and/or its parent and affiliated companies (the "Sony Family") and/or its suppliers, 8928 Terman Court, San Diego, CA 92121. All rights reserved. The Station is for the personal, non-commercial use of users.
Sony and the Sony logo are registered trademarks of Sony Corporation. The Station @ sony.com and its logo are trademarks or servicemarks of Sony Online Entertainment Inc. Wheel of Fortune is a registered trademark of Califon Productions, Inc. Jeopardy! is a registered trademark of Jeopardy Productions, Inc. All other product and company names appearing on The Station are the tradenames, trademarks or registered trademarks of their respective owners.
3. Intellectual Property
- The Station, including, without limitation, all SOE Communication Features, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of The Station and each area contained therein are copyrighted as a collective work under the United States copyright laws. SOE owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on The Station (including, without limitation, content that The Station enables you to download) without the express written permission of SOE and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from The Station is allowed by you only for your own use. You acknowledge that SOE and/or third-party content providers remain the owners of all materials posted on The Station, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
- Fan Sites
Solely in connection with your fansite or your fansite pages dedicated to the SOE games EverQuest, EverQuest Online Adventures, PlanetSide, Tanarus, Cosmic Rift, and Infantry, we can grant you, on a non-exclusive basis, permission to reproduce and redistribute on the fansite to end users, certain SOE game-related images, graphics or artwork (the "SOE Content") and certain SOE trademarks and logos (the "SOE Marks") that SOE may expressly designate "for fansite use" on fansite pages at www.station.com or its associated game sites, so long as you comply with the terms and conditions described here and on the fansite pages, as those terms and conditions may be modified from time to time in SOE's sole discretion.
- As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to SOE that the fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of the Game, SOE, its parent or affiliate companies, or its officers or employees. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, SOE may terminate this permission. Your ownership in the fansite excludes the SOE Content and SOE Marks and excludes any derivative works based upon or including the SOE Content and/or SOE Marks. The fansite is not a "Joint Work" as that term is defined in the copyright law, title 17 United States Code.
- You agree to include SOE's trademark, copyright or other proprietary rights notices, as provided on the fansite page for the SOE Game referenced, when displaying SOE Content or SOE Marks, and agree to comply with usage guidelines that may be provided by SOE from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of SOE Content or Marks, including in digital form; nor challenge SOE's ownership of the SOE Content or SOE Marks, nor use or adopt any trademarks that might be confusingly similar to such SOE Marks.
- SOE reserves all rights, title and interest in and to the SOE Content and SOE Marks which are not expressly granted. You shall not rent, lease, reproduce, modify, translate or create derivative works of the SOE Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or content contained in the game or on The Station, without the express written permission of SOE. SOE does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the game or upon SOE Content or SOE Marks is expressly prohibited.
- If you intend to charge a subscription or access fee to generate revenue from the Fansite, we would require you to execute a simple license agreement with us. The limited permission granted here with respect to Fansite use of certain SOE Content and SOE Marks does not cover such circumstances.
- Fansites that quote an article or patch message from an SOE site (such as Harpy's Head Tavern or other game site associated with Station.com) are requested to limit the quote to a paragraph or less and provide a link back to The Station or associated game site for the full article or message, rather than reproducing on the Fansite the entire patch message or article. Permission to link from the fansite to Station.com or the associated game site is granted in such circumstances.
- Under no circumstances will SOE be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. SOE reserves the right in its sole discretion to expressly refuse this permission to any particular fansite, or to revoke this permission at any time.
4. Agent for Notifications of Claimed Infringement and Policy on Repeat Infringers
- Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512 (c): Address: Sony Online Entertainment Inc., 8928 Terman Court, San Diego, CA 92121. Name of Agent Designated to Receive Notification of Claimed Infringement: Andrew S. Zaffron, General Counsel and Vice President, Business Affairs. Address of Designated Agent to which Notification Should be Sent: Sony Online Entertainment Inc., 8928 Terman Court, San Diego, CA. 92121. Telephone Number of Designated Agent: (858) 577-3100. Facsimile Number of Designated Agent: (858) 577-3356. Email Address of Designated Agent: email@example.com. This email address is intended solely for the receipt of legal "Notifications of Claimed Infringement" under the Digital Millennium Copyright Act of 1998, as codified in 17 U.S.C. 512. It is not intended for general inquiries and permission requests concerning the use of SOE content.
- Policy on Repeat Infringers, pursuant to 17 U.S.C. 512(i): SOE has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the SOE online system or network who are repeat infringers. SOE may terminate access for content providers or forum participants (e.g., StationChat, Message Boards, pagers) who are found repeatedly to provide or post protected material without necessary rights and permissions.
5. Submissions, Fan Fiction and Artwork, and Photographs
- SOE is pleased to hear from its customers and welcomes your comments regarding SOE's online services. Unfortunately, however, SOE's long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by SOE's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
- SOE hereby grants to each EverQuest account subscriber that is in good standing and with the grant automatically revoked as of the moment that the subscriber's account is no longer in good standing (an "EQ Subscriber"), a limited, personal, nonexclusive, nontransferable, nonassignable and fully revocable license to use (a) the EverQuest name, and (b) trademarks and copyrighted material from EverQuest including NPC names and images, diety and monster names and images, geographical names, item names and images, character names and images, background art, and screenshots containing any of the foregoing (collectively, "the SOE Property"), solely to be used for material (for example, so-called "fan fiction" and "fan artwork") that the EQ Subscriber posts to and/or transmits through SOE's Communication Features ("Licensed Content") in accordance with these Terms of Service -- and for no other use. Each EQ Subscriber promises SOE that any Licensed Content that he or she provides shall comply in all respects with these Terms of Service.
- Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that you not do so ("Submissions") and any and all Licensed Content shall be deemed, and shall remain, the property of SOE from the moment of creation. Accordingly, SOE shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions and Licensed Content of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all Submissions and Licensed Content are hereby irrevocably assigned to SOE, together with all intellectual property rights therein. In any event, you agree that SOE shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission and/or Licensed Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission and/or Licensed Content. You also give up any claim that any use by SOE and/or its licensee(s) of any Submission and/or Licensed Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein. If you provide any Submission or Licensed Content, you promise that you are eighteen years of age or older; if you are under eighteen years of age, you must first contact SOE at firstname.lastname@example.org to obtain an agreement for your parent or guardian to sign.
- If you upload any photograph to or through any SOE Communication Feature, you (i) grant to ("SOE") the non-exclusive, worldwide right to use, post, publish and display your photograph on The Station, without royalty or compensation of any kind, (ii) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, (iii) promise that the photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (iv) promise that you are the copyright owner of the photograph or have all rights necessary to authorize its unfettered use and distribution and (v) promise that you are eighteen years of age or older. You understand that, once your photograph is posted, anyone can download and/or distribute that photograph. You expressly waive any and all claims you may have against SOE and release SOE from any and all liability arising from or related to the submission and SOE's or any third party's use of the photograph.
6. Software Available on this Web Site
- WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SOE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7. DISCLAIMER OF LIABILITY
- NEITHER SOE, THE SONY FAMILY, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE STATION, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE STATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE STATION OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE STATION, INCLUDING, WITHOUT LIMITATION, ALL SOE COMMUNICATION FEATURES.
- THE STATION AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE STATION, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE STATION, IS AT YOUR SOLE RISK.
8. LIMITATION OF LIABILITY
- THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 7 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE STATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
- IN NO EVENT WILL SOE, THE SONY FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE STATION, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE STATION, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE STATION OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE STATION OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE STATION, EVEN IF SOE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SOE PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE STATION, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE STATION.
- NEITHER SOE NOR THE SONY FAMILY ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE STATION, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE STATION, BY ANYONE OTHER THAN AUTHORIZED SOE EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL SOE, THE SONY FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE STATION, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE STATION, INCLUDING, WITHOUT LIMITATION, ALL SOE COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE STATION, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE STATION. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
- NEITHER SOE NOR THE SONY FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE STATION AND NEITHER SOE NOR THE SONY FAMILY WILL BE A PARTY TO OR IN ANY WAY MONITOR 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.
SOE may give notice to you by means of a general notice on The Station, electronic mail to your e-mail address on record in SOE's account information (if you are a Station Member), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in SOE's account information (if you are a Station Member). You may give notice to SOE by electronic mail to email@example.com or by first class mail, postage prepaid, or overnight courier to Sony Online Entertainment Inc., 8928 Terman Court, San Diego, CA 92121. Attn: Accounts
Either SOE or you may terminate this Agreement at any time. Fees paid for any subscription term or pay-per-use are paid in advance and are not refundable in whole or in part. You may terminate this Agreement at any time by not using The Station. We can terminate the Agreement by asking you to stop using The Station, and, if necessary, by preventing your access to The Station. Upon termination of this Agreement, you shall have no further rights to use The Station or its services. Your only right and remedy with respect to any dissatisfaction with The Station is to terminate this Agreement, including, without limitation, any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of SOE in operating The Station, (ii) content available through The Station, or any change therein, or (iii) the amount or type of fees or billing methods, or any change thereof. Without limiting the foregoing, SOE shall have the right to terminate this Agreement with you, effective immediately, and/or terminate or temporarily suspend your access to all or any part of The Station, without notice, in the event of any conduct by you which SOE, in its sole discretion, considers to be unacceptable, or for conduct that SOE believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by SOE on The Station, or for other conduct which SOE believes, in its sole discretion, is harmful to SOE, other Station Members or other users of The Station. SOE reserves the right to deny registration of any individual as a Station Member and to deny access to The Station to any individual. All of the Sections of the General Terms and Conditions of this Agreement survive termination of this Agreement.
You agree to indemnify and hold harmless SOE, the Sony Family and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of The Station, including, without limitation, all SOE Communication Features.
You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by SOE. SOE and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.
13. Jurisdictional Issues
This site is controlled and operated by SOE from its offices within the State of California, United States of America. SOE makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access The Station from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from The Station is further subject to United States export controls. No software from The Station may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement constitutes the entire agreement between SOE and you with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. This Agreement shall be construed in accordance with the laws of the State of California, without regard to California's principles of conflict of laws. You hereby consent to personal jurisdiction by the state and federal courts sitting in the State of California. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
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