1. Service
1-1 Related data and documents, etc. and their updated/upgraded versions also constitute part of the Service.
1-2 Sony may place advertisements for Sony and third parties anywhere on the Service.
1-3 An Internet environment is required to use the Service. The Customer shall be responsible for setting up and maintenance of such Internet environment at such Customer’s own expense, including bearing the burden of communication charges and ensuring network security.
1-4 The Service is not intended to be used for the purpose of backup or storage of any data. Sony shall not be liable in any way for loss, alteration or the like of data contained in the Services, or inability to access, use, upload or download data contained in the Services except where tickets, etc. purchased by Customers are lost or otherwise become unable to be used due to reasons attributable to Sony, nor shall Sony be liable in the event of deletion of a user account, or for alteration, interruption or termination of the Services.
1-5 Parts of the Service may be provided for a fee, and prices and payment terms will be announced on the website for the Service. Except as required by law, fees paid for the Service will not be refunded.
1-6 The Customer acknowledges and agrees that:
- (1) the Service has not been developed to meet the Customer’s individual requirements;
- (2) to the extent permitted by applicable laws and regulations, any software or other functionality provided by Sony or any of its third party providers as part of the Service will be provided “as is”;
- (3) any systems or devices the Customer may use to access the Service are beyond Sony’s control and Sony shall not be responsible for the operation or security of any such devices or systems;
- (4) information and telecommunications systems are not error-free; and
- (5) the provision of any internet-based service may be subject to disruption.
2. User Account
2-1 To use the Service, the Customer shall properly provide Sony with the required information and create a user account (the “Account”). By registering and creating an Account, the Customer agrees that they have read, understood, and accept all of the terms and conditions contained in these Terms, as well as Sony’s Privacy Policy and Cookie Policy. The Customer may also create an Account by using a user account for other services (including third party services) designated by Sony. If Sony believes that any of the following applies or the provision of the Service is otherwise impossible or inappropriate, Sony may refuse to create an Account, delete the Account already created or take any other measures that Sony deems appropriate.
- (1) If the Customer is a minor and a parent or legal guardian has not consented the Customer’s use of the Service or these Terms pursuant to the laws applicable where the minor is using the Service;
- (2) If the Customer provides Sony with information inconsistent with the facts, such as by using another person’s name or making a false statement.
- (3) If the Customer has violated these Terms or any applicable laws and regulations during the use of the Service or in the past.
- (4) If the Customer falls under the category of an organized crime group, a member of an organized crime group, those who were a member of an organized crime group in the past five years, an associate member of an organized crime group, a racketeer, a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specialized in intellectual crimes, etc., any other person equivalent to these, a person designated by the Japanese government or a foreign government as subject to economic sanctions, or a resident of a country or region designated by the Japanese government or foreign governments as subject to economic sanctions (collectively “Anti-Social Forces”), or a juridical person which has Anti-Social Forces involved in the management thereof.
- (5) If the Customer has already created an Account.
2-2 The Customer shall ensure that any information provided by the Customer to Sony, including any contact details, remains up-to-date and accurate. If any information provided by the Customer to Sony in connection with the use of the Service is changed, the Customer shall update the relevant information without delay. If the Customer does not receive a message from Sony because their contact details are incorrect or out of date, Sony shall still be deemed to have notified the Customer.
2-3 The Customer shall not use another Customer’s Account to use the Service and shall not allow any third party to use such Customer’s Account.
2-4 The Customer shall properly manage the information related to such Customer’s own Account, including the ID and password. The Customer shall be responsible for all acts and results of using the Service with such Customer’s own Account.
2-5 The Customer may withdraw from the Service (delete such Customer’s Account) at any time through the procedures prescribed by Sony. Upon withdrawal, the Customer shall lose all rights under these Terms and Sony may disable, reclaim and reuse the Customer’s Account name and other identifiers they have adopted within the Service; however, these Terms shall continue to apply even after such withdrawal to the matters related to the use of the Service by the Customer prior to the withdrawal.
3. Privacy and Cookies
3-1 The Customer’s information acquired by Sony in connection with the Service shall be treated in accordance with Sony’s Privacy Policy.
3-2 The Service uses cookies. For more information, please refer to Sony’s Cookie Policy.
3-3 The Customer grants Sony a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable and unrestricted licence to use all information provided by the Customer to Sony when using the Service (including any data) and all information relating to activities on the Service.
4. Prohibited Matters
4-1 In using the Service, the Customer shall not attempt or conduct any of the following acts and shall not cooperate with or promote any of such acts by any third party.
- (1) Infringing the rights or legally protected interests (including intellectual property rights, trade secrets, honors, privacy rights, portrait rights, publicity rights and proprietary rights) of Sony or third parties;
- (2) Violating laws, regulations, court decisions or other legally binding dispositions by a public authority, or offending public order and morals;
- (3) Insulting, defaming, slandering Sony or any third party, or in the public domain of the Service, or uploading or transmitting by other means any expression or other information that includes offensive or antisocial content (including expressions that are excessively violent, explicitly sexual or may lead to discrimination);
- (4) Bullying, harassment or any other act of obstructing the smooth use of the Service by other Customers (including sending false information or spam or interfering with the communications of other Customers);
- (5) Illegal collection or use, or disclosure or provision to a third party, of personal information, other privacy related information, or confidential information such as passwords, of others;
- (6) Using the Service to conduct acts for profit (except where approved in advance in writing by Sony), to meet or socialize with strangers of the opposite sex, or to conduct acts for other purposes different from the intended purpose of the Service;
- (7) Downloading, distributing, making available for public transmission, modifying, operating, reverse engineering, decompiling, disassembling, erasing, etc. of all or any part of the Service beyond the scope expressly authorized by Sony (including the case of disabling or avoiding functions such as content protection and access control, or intentionally misusing defects in the Service);
- (8) Incorporating or executing viruses or other programs or files that interfere with the proper operation of, obstruct/control the operations of, or browse/acquire or damage the data from, information terminals, network devices, systems, etc. managed by Sony or third parties, into or in such information terminals, etc.;
- (9) Impeding the normal and smooth operation of the Service by, for example, imposing an excessive burden on the server of the Service or by making an excessive request beyond the scope of the legitimate exercise of the rights under these Terms;
- (10) Any other violation of these Terms; or
- (11) Other matters deemed inappropriate by Sony.
4-2 If Sony determines that the Customer is in breach of these Terms, Sony may suspend or delete such Customer’s Account or take any other action and shall have no responsibility whatsoever for such action.
4-3 Unless required otherwise by law, Sony has no obligation to monitor the Customer’s online activities on the Service; provided, however, that, to the extent permitted by laws and regulations and for legitimate purposes such as ensuring compliance with the laws and these Terms, Sony may monitor online activities on the Service and browse and disclose the same in accordance with its Privacy Policy.
5. Intellectual Property Rights
5-1 Intellectual property rights and other rights relating to the Service are owned or controlled by Sony or the original right holder who licensed these rights to Sony (the “Original Rights Holder”).
5-2 The Service may include software for which the Original Rights Holder has set different terms of use from these Terms. If Sony notifies such terms of use within the Service, the Customer shall use the Service in accordance with such terms of use as well.
5-3 The Customer hereby grants Sony the non-exclusive, perpetual, royalty-free, transferable, worldwide and unrestricted licence (with the right to sublicense the same) to use any image, sound, text or other information posted or transmitted by the Customer in connection with the Service (the “Posted Content”) (such use includes reproduction, distribution, public transmission, partial omission, displaying, publishing, storing, and other adaptations), in the entire Service area, without charge, by Sony or any party designated by Sony, to the extent permitted by applicable laws. The Customer also agrees to waive or not exercise any moral rights of the author regarding the Posted Content. It is the Customer’s responsibility to confirm that the Posted Content does not infringe upon the rights of third parties and otherwise conforms to the contents of these Terms.
5-4 Sony may take any action, including deletion from the Service, regarding any Posted Content that Sony deems to be in violation of these Terms or to be inappropriate, without any notice to the Customer. Sony shall not be liable to the Customer for such action.
6. Change, Suspension, Termination of the Service
6-1 Sony may, at its discretion, modify or terminate the Service, in whole or in part. In connection with such modifications, it may be necessary for the Customer to update the Service, including the software therefor, as a condition to continue using the Service.
6-2 Sony may suspend the provision of the Service in whole or in part for the necessary period of time if any of the following applies:
- (1) When there is an interruption in the provision of third-party services (including, without limitation, telecommunications services and cloud services) that are necessary to provide the Service;
- (2) When it is necessary to suspend the Service in order to perform maintenance and/or inspection of the system necessary for provision of the Service or to deal with its failure, defect, etc.;
- (3) If the Service cannot be provided due to a power outage, natural disaster, labor dispute or any other abnormal and unforeseeable event or circumstances beyond Sony’s control; or
- (4) When Sony deems it unavoidable.
6-3 Except in the case of emergency, Sony will notify the Customer prior to any change, suspension or termination of all or any part of the Service if such change, suspension or termination would have a significant impact on the Customer.
6-4 Sony shall not be liable for any damages or other consequences incurred by the Customer in connection with any change, suspension or termination of the Service, except where such damages or consequences are attributable to Sony.
6-5 The Customer shall have the right to cancel a purchased ticket and receive a full refund from Sony in respect of a ticket purchase for an event hosted by the Service, within 14 days of the Customer making the ticket purchase provided they have not viewed or accessed the relevant event prior to their request to cancel. The Customer acknowledges and agrees that if they view or access the relevant event prior to the end of said 14 day cancellation period, they will waive their 14 day right to cancel under this section 6-5 in order view such event. Notwithstanding the foregoing, if the ticket in question is a ticket to view an event (and/or a recording of such event) on a single occasion on a specific date, then the Customer shall not have the right to cancel the purchase of such ticket under this section 6-5.
7. Disclaimer
7-1 Except to the extent prohibited by applicable laws, Sony makes no representation or warranty, either express or implied, with respect to the accuracy, safety and any other matters of the contents of third-party websites and services that may be accessed via a link from the Service, including advertisements on the Service. Sony shall not be liable for any damages or other consequences arising from the Customer’s use of such websites or services.
7-2 If any dispute arises between the Customer and a third party due to infringement of rights or for any other reason in connection with the Customer’s use of the Service, the Customer shall resolve such dispute at his/her own expense and responsibility, and Sony shall not be held liable in any way.
7-3 Except to the extent prohibited by applicable laws, Sony makes no representations and warranties, either express or implied, in respect of the Service (including security defects and infringement of the rights of third parties). Notwithstanding the foregoing, if the Service is faulty or misdescribed, the Customer may ask Sony to (i) repair; or (ii) replace the relevant element of, the Service in the first instance.
7-4 Notwithstanding any other provision of these Terms, and to the extent permitted by applicable laws, in the event of any damages suffered by the Customer due to Sony’s default or tort, Sony shall be liable for such damages only to the extent of the damage normally incurred by the Customer and up to the total amount of usage fees Sony received from the Customer in the preceding three (3)- month period from the date of the event of such loss occurring, and shall not be liable for any losses (i) that were not foreseeable by either party when the Customer agrees to these Terms; (ii) not caused by a breach on Sony’s part; or (iii) which are business (including a loss of business opportunities) and/or non-consumer losses. However, Sony will not be exempted from liability for damages of the Customer due to Sony’s default or tort resulting from its willful misconduct or gross negligence. Sony also does not exclude any liability for (i) death or personal injury caused by Sony’s negligence; and (ii) breach of the Customer’s legal rights in relation to the Service, including breach of any terms, legal quality standards or legal rules under, or implied by, applicable consumer rights laws in the Customer’s Service area.
7-5 The Service is provided by Sony to the Customer under the contract between Sony and the Customer based on these Terms, and the Original Rights Holder shall not be held liable in any way to the Customer regarding the Service, unless otherwise provided by law.
8. Assignment
8-1 The Customer may not assign, cause to be succeeded, or provide for the purpose of collateral to a third party, all or part of the status or rights and obligations under these Terms.
8-2 The Customer agrees that Sony may transfer or cause the succession of the status or rights and obligations under these Terms and any information about the Customers to a third party in connection with the transfer or succession of the business relating to the Services to such third party.
9. Changes to These Terms
Sony may change these Terms at any time to the extent permitted by law. Sony will notify the revised Terms through the website of the Service with a prior notice period that Sony deems reasonable considering the changes, etc.; provided, however, that such prior notice period may not be set if the changes are required by law. The Customer shall be responsible for reviewing and becoming familiar with any changes. By continuing to access and use the Service following the changes the Customer agrees to those changes to these Terms.
10. Contact for Inquiries
If the Customer has any questions about these Terms, he/she should contact us by using the contact form on the website of the Service. Sony may confirm the identity of the Customer by the method prescribed by Sony. Unless otherwise required by law, Sony may use any method deemed appropriate by Sony to respond to or otherwise cope with Customer inquiries.
11. Governing Law and Jurisdiction
These Terms (including any relevant non-contractual obligations) shall be governed by and construed in accordance with the laws of Japan. All controversies and disputes arising out of or relating to the Service (including any relevant non-contractual obligations) shall be submitted to the Tokyo District Court in Tokyo, Japan as the court of exclusive jurisdiction in the first instance. Nothing in these Terms will reduce any applicable statutory rights the Customer has (including any rights under applicable consumer rights laws in the Customer’s Service area).
12. Miscellaneous
12-1 Any information, notice or communication from Sony to Customers regarding the Service shall be made by posting on the website of the Service or any other method as Sony deems appropriate. Sony shall not be liable for any damages or other consequences of non-delivery or delay of such information, notice or communication, except where such damages or consequences are attributable to Sony.
12-2 If any portion of these Terms is deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.
12-3 The Original Right Holder shall be treated as the third-party beneficiary of these Terms and may directly exercise the relevant rights or invoke the waiver of liability under these Terms. Except for the Original Right Holder and any permitted parties, no term of these Terms shall be enforceable by any person who is not a party to these Terms under applicable third party rights legislation.
12-4 In addition to the English version, these Terms may be translated into the language of the Service area. If there is any inconsistency in the meaning or wording between the English version and the translated version, the English version shall prevail.