Sony BRAVIA XBR-75X940E Reference Manual page 35

OBJECTIONABLE CONTENT AND RULES FOR MINORS (UNDER AGE 16)
Certain Content may not be suitable for minors or other users. Such Content may or may not be rated
or 1dent1fled as hav1ng explicit language, or otherwise bemg for a mature audience. Therefore, you: (i)
e-ma11 Sony v1a the Service; (ii) send in any information; (iii) enter any contest or game that requires
mformation about you or offers a prize; (iv) join any club or group; (v) post any information on any
bullettn board or enter any chatroom; or (vi) buy anything online.
EXCLUSION OF WARRANTY
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE CONTENT AND SERVICES ARE
PROVIDED BY THIRD PARTY PROVIDERS AND/OR SOFTWARE IS PROVIDED BY THIRD PARTIES
OVER WHICH SONY HAS NO CONTROL. THE SELECTION, PROVISION, QUALITY, PICTURE SIZE, AND
AVAILABILITY OF SUCH CONTENT AND/OR SOFTWARE ARE THE SOLE RESPONSIBILITY OF SUCH
THIRD PARTY PROVIDER OR OTHER THIRD PARTY. YOU AGREE TO COMPLY WITH ANY AND ALL
TERMS AND CONDITIONS THAT THE THIRD PARTY PROVIDERS MAY SET FOR ITS SERVICE
CONTENT AND/OR SOFTWARE. YOU FURTHER UNDERSTAND, ACKNOWLEDGE, AND AGREE, THAT
ACCESS, BROWSING, AND USAGE OF THE SERVICES REQUIRES INTERNET SERVICE PROVIDED BY
YOU, AND FOR WHICH YOU ARE SOLELY RESPONSIBLE, INCLUDING BUT NOT LIMITED TO THE
PAYMENT OF ANY THIRD PARTY FEES (SUCH AS INTERNET SERVICE PROVIDER OR AIRTIME
CHARGES) FOR SUCH ACCESS AND FOR DISPLAY OR DELIVERY OF ADVERTISEMENTS INCLUDED
WITH THE SERVICES. OPERATION OF THE SONY ENTERTAINMENT NETWORK FEATURE AND THE
SERVICE MAY BE LIMITED OR RESTRICTED DEPENDING ON THE CAPABILITIES, BANDWIDTH OR
TECHNICAL LIMITATIONS OF YOUR INTERNET SERVICE. SONY, ITS AFFILIATES, AND ITS THIRD
PARTY PROVIDERS SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-
DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS.
THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION, THE SERVICES, AND THE CONTENT
ARE FURNISHED TO YOU "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR
ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK AND THAT SONY HAS
NO LIABILITY TO YOU FOR THE CONTENT, INCLUDING ANY CONTENT THAT MAY BE OFFENSIVE.
YOU ARE RESPONSIBLE FOR SUPERVISING THE USE OF THE SONY PRODUCT, THE SONY
SOFTWARE, EXCLUDED SOFTWARE, THE SERVICES, AND THE CONTENT BY ANY MINOR. IF YOU
ARE UNDER THE AGE OF 16, YOU SHOULD ASK YOUR PARENT(S) OR A GUARDIAN BEFORE YOU: (I)
TERMS OF THIS EULA, SONY GRANTS YOU A NONEXCLUSIVE, NONTRANSFERABLE, LIMITED RIGHT
TO USE THE SONY ENTERTAINMENT NETWORK FEATURE TO ACCESS THE SERVICES AND THE
CONTENT AS SET FORTH IN THIS EULA. YOU FURTHER AGREE NOT TO INTERRUPT/DISRUPT OR
ATTEMPT TO INTERRUPT/DISRUPT THE OPERATION OF THE SONY SOFTWARE, THE SERVICE OR
THE CONTENT IN ANY WAY.
IF YOU BELIEVE YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT
INFRINGEMENT, OR THAT YOUR INTELLECTUAL PROPERTY RIGHTS HAVE OTHERWISE BEEN
VIOLATED, PLEASE FIRST CONTACT THE THIRD PARTY PROVIDER FOR THE PARTICULAR SERVICE.
IF YOU ARE UNABLE TO CONTACT SUCH THIRD PARTY PROVIDER, OR THE CONTENT AT ISSUE IS
SONY'S, YOU MAY CONTACT SONY'S INTELLECTUAL PROPERTY AGENT (LISTED BELOW) WITH THE
FOLLOWING INFORMATION IN A WRITTEN NOTICE: (A) AN ELECTRONIC OR PHYSICAL SIGNATURE
OF THE PERSON AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OR OTHER INTELLECTUAL
PROPERTY INTEREST; (B) A DESCRIPTION OF THE COPYRIGHTED WORK OR OTHER INTELLECTUAL
PROPERTY THAT YOU CLAIM HAS BEEN INFRINGED; (C) A DESCRIPTION OF THE PARTICULAR
SERVICE AND WHERE THE MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED ON SUCH
SERVICE, WITH ENOUGH DETAIL THAT WE MAY FIND THE MATERIAL; (D) YOUR ADDRESS,
TELEPHONE NUMBER, AND E-MAIL ADDRESS ; (E) A STATEMENT BY YOU THAT YOU HAVE A GOOD
FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OR
INTELLECTUAL PROPERTY OWNER, ITS AGENT, OR THE LAW; AND (F) A STATEMENT BY YOU
MADE UNDER PENALTY OF PERJURY, THAT THE ABOVE INFORMATION IN YOUR NOTICE IS '
ACCURATE AND THAT YOU ARE THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER OR
AUTHORIZED TO ACT ON THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER'S BEHALF.
SONY'S AGENT FOR NOTICE OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT
INFRINGEMENT IS AS FOLLOWS:
INTELLECTUAL PROPERTY AGENT, C/0 SONY ELECTRONICS INC., 16530 VIA ESPRILLO,
SAN DIEGO, CA 92127; FACSIMILE (858) 942-1111 ; E-MAIL IPagent@am.sony.com
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SONY AND ALL OF ITS AGENTS
DIRECTORS, OFFICERS, OTHERWISE, OF ANY KIND SONY, ITS AFFILIATES, ITS THIRD PARTy'
LICENSORS, AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS THIRD PARTY PROVIDERS DO NOT
WARRANT THAT THE SONY SOFTWARE OR ACCOMPANYING DOCUMENTATION, THE SERVICES, OR
THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SONY
SOFTWARE, THE SERVICES, OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
FURTHERMORE, SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS THIRD PARTY
PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SONY SOFTWARE, THE SERVICES OR THE CONTENT
IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY SONY, ITS AFFILIATES, OR A SONY AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS
EXCLUSION OF WARRANTY AND CONDITION. SHOULD THE SONY SOFTWARE, MEDIA ON WHICH
THE SONY SOFTWARE IS FURNISHED, DOCUMENTATION, THE SERVICES, OR THE CONTENT PROVE
DEFECTIVE, YOU (AND NOT SONY OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL SONY (INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE ISSUES RELATED
TO THIRD PARTY LICENSORS OR THIRD PARTY PROVIDERS), ITS AFFILIATES, ITS THIRD PARTY
LICENSORS OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU FOR ANY SPECIAL INDIRECT
INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, iNCLUDING
BUT NOT LIMITED TO COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH
ARISING OUT OF OR RELATING TO THIS EULA, ON ACCOUNT OF THE LOSS OF USE OF THE SONY
PRODUCT, DOCUMENTATION, THE SERVICES, THE CONTENT, DOWN TIME AND YOUR TIME, LOSS
OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA, INFORMATION OF ANY KIND, BUSINESS
PROFITS, OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF
SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, OR ITS THIRD PARTY PROVIDERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SONY SOFTWARE AND
ACCOMPANYING DOCUMENTATION, THE SERVICES, AND THE CONTENT ARE FURNISHED TO YOU
FOR USE AT YOUR OWN RISK. SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS
THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES FOR BREACH OF ANY EXPRESS OR
IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
ANY OTHER LEGAL THEORY RELATED TO THE SONY SOFTWARE, THE SERVICES THE CONTENT OR
THIS EULA. ' '
Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages,
exclusions or llm1tat1ons of Implied warranties or conditions, or allow limitations on how long an
1m plied warranty lasts, so the above limitations or exclusions may not apply to you.
LIMITED WARRANTY ON MEDIA
In situations where the Sony Software or any part thereof is furnished on media, Sony warrants that
for a penod of mnety (90) days from the date of its delivery to you, the media on which the Sony
Software is furnished to you will be free from defects in materials and workmanship under normal use.
Th1s l1m1ted warranty extends only to you as the original licensee. Sony's entire liability and your
exclustve remedy W ill be replacement of the media not meeting Sony's limited warranty. ANY IMPLIED
WARRANTIES OR CONDITIONS ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND/OR FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
DELIVERY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY OR CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION.
FEES
Sony and its Third Party Providers reserve the right at any time to charge fees for access to new
Content or new Services or to portions of the existing Content or Services, or the Services as a whole.
In addition, Third Party Providers may charge fees for access to their Content. In no event will you be
charged for access to any portion or all of the Content and/or the Services unless Sony and/or a Third
Party Provider obtain your prior agreement to pay such charges. If you do not consent to such
charges, however, you may not have access to paid Content or Services for which such charges apply.
INTELLECTUAL PROPERTY
I
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND
AGENT FOR NOTICE
Sony
res~ects
the intellectual
pro~erty
rights of others, and we ask you to do the same. It is Sony's
policy, at 1ts d1scret10n as appropnate, (a) to termmate and/or disable the Content of Third Party
Providers or users of the Services who may infringe or repeatedly infringe the copyrights or other
Intellectual property rights of Sony, its Third Party Providers or others; and/or (b) to forward reports of
mtellectual property nghts v1olat1ons to Third Party Provtders and others for review and action per the
terms of such Third Party Provider's procedures for protection of intellectual property rights. The Sony
Software and Content are protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. There may be proprietary logos, service marks,
trademarks, likenesses, and trade names found in the Sony Software, the Content, or on the Services.
By making the Sony Software and Content available on the Services, Sony and the Third Party
Providers are. not granting you any license to utilize those proprietary logos, service marks,
trademarks, likenesses, or trade names. Any unauthorized use of the Sony Software, the Services, or
the Content may VIOlate copynght laws, trademark laws, the laws of privacy and publicity, and civil and
criminal statutes .. All right, title, and interest in and to the Sony Software and the Content, and any and
all cop1es or port1ons thereof, are owned by Sony, 1ts licensors, Third Party Licensors suppliers and/or
Third Party Providers. All rights not specifically granted under this EULA are reserved' by Sony its
licensors, Third Party Licensors, suppliers and/or Third Party Providers. '
You are responsible for all your activities hereunder, including all legal liability incurred from access,
browsmg, or use of the Serv1ces by you or by others who use the Services via your Sony Product or
Account (as defined in the User Account section). You may use the Sony Software, the Services, and
the Content for lawful purposes only. You may not distribute, exchange, modify, sell, or transmit
anythmg you may copy from the Sony Software, the Services, or the Content, including but not limited
to any data, text, software, likenesses, photographs, images, graphics, audio, music, sound , video,
messages, and tags, for any business, commercial, or public purpose. As long as you comply with the
Providers for your mab11ity to use the Sony Software or the accompanying documentation, the
Serv1ces, or the Content.
DE-REGISTRATION OF YOUR DEVICE
Should you return your Sony Product to its place of purchase, transfer your Sony Product in
accordance with this EULA, or if this EULA is terminated , you agree to: (i) de-register the Sony Product
by deleting any and all accounts you may have established on or have accessed through the Sony
Product; and (ii) reset the Sony Product to its original factory settings. YOU ARE SOLELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY ACCOUNTS YOU HAVE WITH
THIRD PARTIES AND ANY USER NAMES AND PASSWORDS ASSOCIATED WITH YOUR USE OF THE
SONY PRODUCT.
RESOLVING DISPUTES; ARBITRATION; SMALL CLAIMS WAIVER
This EULA will not be governed or interpreted in any way by referring to any law based on the Uniform
Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.
Further, the United Nations Convention on Contracts for the International Sale of Goods shall not apply
to this EULA.
If a Dispute arises, you agree to first give notice to us by contacting Sony Electronics Inc. at 16530 Via
Espnllo, San D1ego, Callforma 92127, Attn: Legal Department, and engaging in good faith negotiations
to attempt to resolve any Dispute for at least 14 days, except that you or Sony (or any of its affiliates)
may skip this informal negotiation procedure for Disputes enforcing, protecting, or concerning the
validity of intellectual property rights. "Dispute" is defined as any disagreement, cause of action, claim,
controversy, or proceeding between you and any Sony entity related to or arising out of the Sony
Product, Sony Software, Sony Serv1ces
&
Content or this EULA. Dispute is to be given the broadest
employees, information providers, licensors and licensees, affiliates, content providers, and direct and
i~direct parent(s) (collectively, "Indemnified Parties") from and against any and all liability and costs
(tncludmg, Without limitatiOn, attorneys' fees and costs) incurred by the Indemnified Parties in
connection with any claim arising out of (i) any breach or alleged breach by you of this EULA in any
manner,
(II)
any 1nformat1on you submit to Sony hereunder, (iii) any breach or alleged breach by you of
a third party's rights, (iv) any damage caused by or alleged to have been caused by you to the Sony
Software, the Serv1ces, or the Content. Counsel you select for defense or settlement of a claim must be
consented to by Sony and/or Indemnified Party(s) prior to counsel being engaged to represent you and
Sony and/or Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required
by the lndemntfled ~arty(s) 1n defense or settlement of any claim. Sony and/or Indemnified Party(s)
reserve the nght, at tis own expense, to assume the exclusive defense or settlement, and control of
any matter otherwise subject to indemnification by you. You shall not in any event consent to any
1udgment, settlement, attachment, or lien, or any other act adverse to the interest of Sony or any
lndemntfled Party Without the pnor wntten consent of Sony and/or Indemnified Party(s).
AUTOMATIC UPDATE FEATURE
I
MODIFICATION OF EULA AS TO SERVICES
From time to time, Sony or third parties may automatically update or otherwise modify the Sony
Software, for example, but not limited to, for purposes of error correction, improvement of features,
and enhancement of security features. Such updates or modifications may change or delete the nature
of features or other aspects of the Sony Software, including features you may rely upon. You hereby
agree that such actiVItieS may occur at Sony's sole discretion and that Sony may condition continued
use of the Sony Software upon your complete installation or acceptance of such update or
modtf1cat1ons. Sony may add to, change, or remove any part, term, or condition of the EULA as it
applies to the .sony Software, the Services, and/or the Content at any time without prior notice to you.
Any such addtllons, changes, or removals or any terms posted in the Sony Entertainment Network
feature shall apply as soon as they are posted. By continuing to use Sony Software or access the
Services, the Sony Content Services, the Content, and/or the Sony Content after so posted, you are
tnd1catmg your acceptance thereto. SONY MAY ADD, CHANGE, DISCONTINUE, REMOVE, OR
SUSPEND ANY OF THE SERVICES OR THE SONY CONTENT SERVICES, TEMPORARILY OR
PERMANENTLY, AT ANY TIME, WITHOUT NOTICE AND WITHOUT LIABILITY. WITHOUT PREJUDICE
TO ANY OTHER RIGHTS, SONY MAY SUSPEND OR TERMINATE THIS EULA AS TO THE SERVICES
THE SONY CONTENT SERVICES, THE CONTENT, AND/OR THE SONY CONTENT IMMEDIATELY UPON
NOTICE IF YOU FAIL TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS EULA. Sony may take
anx leQal and technical remedies to prevent violation of and/or to enforce this EULA, including, without
limitation, 1mmed1ate termmaiiOn of your access to the Services, if Sony believes in its discretion that
you are violating this EULA.
HIGH RISK ACTIVITIES
The Sony Software is not fault-tolerant and is not designed, manufactured or intended for use or resale
as on-line control equipment in hazardous environments requiring fail-safe performance, such as in
the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control,
direct life support machines, or weapons systems, in which the failure of the Sony Software could lead
to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). SONY,
EACH OF THE THIRD PARTY LICENSORS, AND EACH OF THEIR RESPECTIVE AFFILIATES
SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR
HIGH RISK ACTIVITIES.