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TERMS AND CONDITIONS

These Terms and Conditions set forth the terms and conditions regarding the usage of the service named “Jam Studio” ("Service") provided by Sony Engineering Corporation ("we", "our" or "us") and these Terms and Conditions apply to anyone who uses the Service (“you” or “your”).

This Service is only provided to those who live in Japan. If you reside in other countries/regions, you cannot use this service.

TO USE THE SERVICE, YOU NEED TO UNDERSTAND AND AGREE TO ALL TERMS AND CONDITIONS SET FORTH HEREIN, THE PRIVACY POLICY OF THE SERVICE (“PRIVACY POLICY”), ADDITIONAL TERMS APPLIED TO SPECIFIC SERVICE, AND ALL OPERATING RULES AND POLICIES THAT ARE PUBLISHED THROUGH THE SERVICE FROM TIME TO TIME (COLLECTIVELY, “TERMS”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY USING OR ACESSING TO THE SERVICE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS.

ATTENTION
IF YOU ARE UNDER THE AGE OF TWENTY (20), IN ORDER TO USE THE SERVICE, YOU NEED TO HAVE YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO THESE TERMS. IF YOU ARE A PARENT OR LEGAL GUARDIAN, YOU AFFIRM THAT YOU HAVE EXPLAINED ABOUT THESE TERMS FOR YOUR CHILD AND YOU ACCEPT THESE TERMS ON BEHALF OF YOUR CHILD.

1.THE SERVICE

The Service include any and all contents provided through the Service and any and all related software, documents, data, properties, and updated or upgraded versions thereof provided or made available by us or our third party licensors (collectively, “Related Properties”). These Terms shall also apply to the use of such Related Property.

We may, at its sole discretion, add to, delete from, or modify the Service including the Related Properties. Such updates or modifications may delete or change the nature of features or other aspects of the Service. You acknowledge and agree that we may condition continued use of the Service upon your complete installation or acceptance of such update or modifications.

2.ACCOUNT CREATION

In order to use the Service, you must first apply for the user account of the Service (“Account”) by providing us with complete and accurate information requested by us. We reserve the right to deny the application for the Account at its sole discretion.

User may register for the Account by using your user account of third party network Service designated by us (“Third Party Service Account”).

You may not use any other party’s Account when using the Service. You may not assign your Account to any third party.

3.PROHIBITIONS AND RESTRICTIONS

You will not access or use the Service in any way:

  • violating the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  • engaging in deceptive or misleading practices;
  • abusing, threatening, or harassing others, including stalking behavior;
  • taking 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 user name that we, in our sole discretion, find offensive, hateful, or vulgar (including any content or communication that we deem racially, ethnically, religiously or sexually offensive, libelous, defaming, threatening, bullying or stalking);
  • organizing hate groups;
  • disclosing or providing any personal information, including the name, password;
  • taking any action that we consider to be disruptive to other users’ use of the Service, including uploading, posting, streaming, or otherwise transmitting any unsolicited or unauthorized material, including spam or chain letters;
  • impersonating any person, including our or third party employee;
  • translating, reverse engineering, reverse compiling, disassembling or creating derivative works from the Related Property unless otherwise expressly permitted by us;
  • for your commercial purpose unless otherwise permitted in writing by us;
  • introducing viruses or any other computer programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • damaging, disabling, overburdening, impairing, or gaining unauthorized access to the Service;
  • encouraging conduct that would constitute a criminal offense or give rise to civil liability;
  • violating these Terms or any guidelines or policies posted by us;
  • interfering with anyone else's use of the Service; or
  • attempting to do any of the foregoing.

If we determine in its sole discretion that you are violating any of these Terms, we may notify you and/or use any measures, including any technical measures, to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service.

Unless otherwise required by law, we are not responsible for monitoring or recording any activity on the Service, including communications, although we reserve the right to do so and you hereby give us your express consent to monitor and record your activities and communications. We reserve the right to remove any content and communication from the Service its sole discretion without notice.

4.USER-POSTED CONTENTS

Some of the Service may include the function that may give you the ability to upload, post or share with other users the photos, audio files, text and other materials you created (“User-Posted Contents”).

We do not claim ownership of the User-Posted Contents. However, when you upload your User-Posted Contents to the Service, you hereby acknowledge and agree that:

  • you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, translate, publish, transmit, display and distribute (including without limitation by sub-licensing to third parties) such User-Posted Contents in any and all media or distribution methods for the development, provision, operation improvements, promotions and any related business activities;
  • you irrevocably waive all moral rights (and all similar rights in other jurisdictions) which you have or will have now or in the future in respect of your User-Posted Contents;
  • you represent and warrant that such User-Posted Contents will be in accordance with these Terms and any and all laws and regulations, especially that your User-Posted Contents will not infringe any third party’s right; and

The Service is not designed as or intended to be used as a back-up, disaster recovery or emergency data storage facility. We have no responsibility for the alternation, deletion, damages of or availability to access, upload or download the User-Posted Contents.

5.BILLING AND PAYMENTS

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you shall pay all fees or charges in accordance with the pricing and billing terms in effect at the time a fee or charge is due and payable. Prices will be specified within the Service and are subject to change.

You are agreeing to pay for all transactions to be charged made by your Account and authorizing us and our contractors to deduct from applicable payment instrument or payment mechanism all applicable fees due and payable for all transactions made by the Account. We may charge and collect in advance for use of the paid service. We reserve the right to terminate the Account for failure to complete transaction payments.

We reserve the right to change or withdraw features, specifications, prices, services and content at any time, without notice to you. WE DO NOT PROVIDE ANY REFUNDS IN THE EVENT OF A PRICE DROP OR PRODUCT REMOVAL.

PAYMENTS RENDRED HEREUNDER ARE NOT REFUNDABLE, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

6.CONSENT TO ELECTRONIC COMMUNICATION

By using the Service, you are consenting to receive certain communications relating to your Account or the Service from us via email or via electronic messaging within the Service. You agree that such communications relating to your Account or the Service are part of the Service (including any legal service of process or similar document related to any claim that you have used the Service to engage in any prohibited conduct hereunder) will satisfy any legal communication requirements, including that such communications be in writing.

7.LINKED SITE

We may have websites and services linked to or from the Service, including advertisements and promotions of third parties and our affiliated entities (“Linked Sites”). These Linked Sites are independently owned and maintained by such third parties and are not under our control and/or supervision. Use of Linked Sites shall be subject to the terms and conditions stipulated by the operator of each Linked Sites. We are not responsible for any loss or damage, however caused, in connection with the use of any Linked Sites and your access to any of the Linked Sites shall be at your own risk. Nothing contained in the Service shall be interpreted as our recommendation and/or endorsement of the contents of the Linked Sites or any products and/or services appearing on and/or provided through such Linked Sites. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the Linked Sites and us.

8.INTELLECTUAL PROPERTY RIGHTS

We and our licensors retains any and all rights, title and interest (including all intellectual property rights) with respect to the Service, the technology, information, software, documents, contents, files, websites or other products developed in connection with the Service from time to time.

We grant you a non-exclusive limited license to use the Related Property solely to use the Service and you shall not use the Related Property for any other purpose.

Notwithstanding the foregoing limited license grant, you acknowledge that the Related Property may include software having a separate end user license agreement, including, but not limited to, open source software, shall be covered by such applicable separate license agreement in lieu of these Terms to the extent required by such separate license agreement.

Should you return your device in which you installed the Related Property to its place of purchase, sell or otherwise transfer such device, or if these Terms are terminated, you are responsible for and must uninstall and delete the Related Property from such device.

9.PRIVACY

In order to operate and provide the Service, we will collect and use certain information in accordance with our company privacy policy (http://www.sonyengineering.co.jp/e/privacy/) and the Privacy Policy for the Service which you can access within the Service.

If you create the Account, you will be deemed to agree to the Privacy Policy. If you do not consent to the collection and use of your information as described in such Privacy Policy, you will not be permitted to use the Service.

10.SECURITY

We take reasonable care in maintaining the security of your personally identifiable information and in preventing unauthorized access through the use of appropriate technology and internal procedures. However, we do not guarantee that unauthorized access will never occur. To the maximum extent permissible by law, you waive any claim against us because of any unauthorized access.

11.TERMINATION; CANCELATION; SUSPENSION

If we determine in its sole discretion that you have violated these Terms, we may take all actions to protect its interests, including termination or suspension of your Account or permanent or temporary disablement of any system or device through which you receive the Service or reliance on any other remedial efforts as necessary to remedy the violation.

After your Account is terminated, you will not be able to access the Service. Any information in connection with the Service will not be retained or accessible by you. We reserve 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 these Terms, we, at our sole discretion, may indefinitely suspend, or discontinue any and all online access to content at any time, including for maintenance service or upgrades, without prior notice or liability.

12.WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

No warranty is given about the quality, functionality, availability or performance of the Service. Any and all part of Service are provided "AS IS" and "AS AVAILABLE" with all faults.

We do not warrant that the Service will be uninterrupted, error-free or without delays. In addition to the limitations of liability of these Terms, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement.

YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM THE SERVICE OR IN CONNECTION WITH THESE TERMS AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO THE SERVICE SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT ACTUALLY PAID FOR THE SERVICE. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE 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. 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.

You acknowledge that the Service may require an internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third party fees associated with your internet connection, including but not limited to internet service provider or airtime charges. The provision, quality and security of such internet connectivity are the sole responsibility of the third party providing such service.

13.INDEMNITY

You agree to indemnify and hold us, our parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against all claims, demands and expenses, including attorneys' or experts’ fees, made by any third party due to or arising from:

  • your use of the Service;
  • your violation of these Terms or any applicable terms of use of any Linked Site or Service;
  • your violation of a third party's privacy rights; or
  • your violation or infringement of a third party's copyright, trademark, trade secret, patent or other intellectual property right.

14.CHANGES

We, at our sole discretion, may modify these Terms at any time. By accessing the Service, you are agreeing to be bound by all current Terms. You shall use the Service in accordance with such current Terms.

15.GOVERNING LAW; JURISDICTION; WAIVER OF JURY TRIAL

These Terms shall be governed by the laws of Japan, without regards to conflict of laws provisions. Any dispute arising out of the Terms shall be subject to the exclusive venue of the Tokyo District Court in Japan, and the parties hereby consent to the venue and jurisdiction of such courts.

16.GENERAL

These Terms constitute the entire agreement between you and us with respect to the Service, and supersede any other agreement, proposals or communications, written or oral, between you and us with respect to the Service.

If a court of competent jurisdiction holds that any provision of these Terms is illegal, unenforceable or contrary to law, such provision shall be construed as nearly as possible to reflect the original intent of these Terms, with the other provisions remaining in full force and effect.

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such rights or provision unless we acknowledge and agree to it in writing, and then it shall constitute a waiver of the particular instance.

We may assign these Terms to any third party at its sole discretion. You may not assign or sublicense the rights granted under these Terms without our prior written authorization.

Last Update: May. 21, 2018