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Sony Rewards Member Agreement

The Sony Rewards™ program ("Sony Rewards" or "Program") is owned and operated by Sony Corporation of America or any of its affiliates ("Sony"), or its third-party providers. Sony Rewards is provided subject to compliance with the terms and conditions of this member agreement ("Member Agreement").

Please read this Member Agreement carefully before accessing or using Sony Rewards. By accessing or using Sony Rewards, you agree to be bound by the terms and conditions set forth below, as if you had actually signed them. If you do not agree to the terms and conditions set forth below, you may not use Sony Rewards.

You acknowledge and agree that this Member Agreement is a legally binding contract between you and Sony. Sony may modify the terms and conditions in this Member Agreement as described below. You agree to review the Member Agreement often to familiarize yourself with such modifications. By completing the registration process and approval into Sony Rewards by Sony, you become an authorized user of Sony Rewards (a "Member").

  1. Eligibility
    1. Membership in Sony Rewards is free or as otherwise specified upon registration into Sony Rewards.
    2. Sony Rewards is limited to individuals only. Corporations or other business entities may not become Members.
    3. Sony Rewards is limited to one account per individual, even if that individual has multiple e-mail addresses. In addition, only one account per e-mail address will be allowed.
    4. Automated services, scripts, or other machines are not eligible.
    5. Each Member must be at least 13 years of age or older to be eligible for Sony Rewards.
    6. Each member must be a legal resident of the United States of America to be eligible for Sony Rewards.
    7. Membership in Sony Rewards, any points earned utilizing Sony Rewards or any other related membership benefits are not transferable and may not be combined or merged among other Member accounts, their estates, successors or assigns.
  2. Member Registration Obligations
    1. Equipment. In order to access and use Sony Rewards, Member needs computer equipment and telecommunications access necessary to connect to and access the World Wide Web. Member must provide, at Member's own expense, all equipment, all services (including, where applicable, telephone or internet access service) and all related third-party service fees (such as ISP charges) necessary to access Sony Rewards.
    2. Registration Data. In consideration of use of Sony Rewards, Member agrees to provide to Sony and its third-party partners true, accurate, current, and complete information as prompted by this Website's online registration form (the "Registration Data") and agrees to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current and complete. If Member provides any information that is untrue, inaccurate, not current or incomplete, Sony may suspend or terminate Member's account immediately and may refuse Member all current or future use of Sony Rewards.
  3. Password & Account Access
    1. Member's Password & Account Access Rights & Responsibilities
      1. Member must select a Member identification name and password as part of the registration process.
      2. In order to prevent unauthorized activity, to access Sony Rewards, Member must give Sony Rewards the selected Member identification name and password in order to update Member profile information and redeem Sony Rewards points ("Sony Rewards Points").
      3. Member must be logged in to Sony Rewards, using his/her Member identification name and password, to access his/her Sony Rewards account.
      4. For security purposes, Member is advised to memorize, and not to write down, his/her Member identification name and password.
      5. Member agrees not to use any language in his/her Member Identification name, Password, e-mail addresses, aliases, e-mails, chat rooms or any other communication that Sony Rewards deems offensive or obscene. Sony Rewards reserves the right to immediately suspend or terminate the account of any Member who violates this agreement at its sole discretion and may refuse Member all current and future use of Sony Rewards.
      6. Member is responsible for keeping his/her e-mail address, Member identification name and password confidential, and is solely responsible for all activities that occur under Member's e-mail address, Member identification name and password, including all unauthorized activities.
      7. Member agrees to (a) immediately notify Sony of any unauthorized use of his/her Member identification name and password or any other breach of security related to this Website or Sony Rewards, and (b) ensure that Member exits from Member's account at the end of each session.
      8. Member agrees to abide by all applicable local, state, federal and international laws and regulations with respect to Member's account.
    2. Sony's Password & Account Access Rights & Responsibilities
      1. Sony will encrypt Member's password on the database.
      2. Sony is entitled to act on instructions received under Member's identification name and password.
      3. Sony cannot and will not be liable for any credits or debits made to Member's account by another individual who uses Member's password, or for any loss or damage arising from Member's failure to adequately safeguard Member's identification name and/or password.
      4. Each Member consents to Sony Rewards employees being able to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse. If this occurs, Sony Rewards shall not disclose the existence or occurrence of such an investigation unless otherwise required by law.
      5. Generally, only the Member named on the account will be entitled to access account information. However, Sony Rewards does comply with court orders and subpoenas and cooperates with investigations by local, state and federal agencies. Under these circumstances your account information may be shared with others with or without your knowledge or consent.
  4. Value of Sony Rewards Points
    1. Sony Rewards Points may not be redeemed for cash.
    2. Sony Rewards Points are not transferable.
    3. Sony Rewards Points may not be bartered or sold.
  5. Earning Sony Rewards Points
    Members can earn points by participating in various activities on the Sony Rewards site. Descriptions of these activities and number of points awarded per activity are outlined in the FAQ section of the Sony Reward site.
    1. Member agrees that he/she shall receive personalized e-mails, information and offers from Sony and/or its partners ("Partners") or as otherwise specified by Sony via electronic mail, the Internet, physical mail and other communications in any media and that activity by such Member regarding the information received may entitle the Member the ability to earn Sony Rewards Points. Examples of some Sony Rewards Point earning activities may include, but are not required to include, participating in on line puzzles, completing polls or surveys, creating and maintaining a wish list, and participating in partner offers.
    2. From time to time, Sony Rewards may send messages to Member that do not carry the ability to earn Sony Rewards Points. Notwithstanding the foregoing, Sony will make a best effort attempt to inform Member when he/she has the opportunity to earn Sony Rewards Points.
    3. On occasion, Sony and/or its Partners may allow Members to earn additional Sony Rewards Points via special offers.
    4. The amount of Sony Rewards Points offered via special offers will be on a case-by-case basis.
    5. The ability to earn additional Sony Rewards Points and the amount of possible additional Sony Rewards Points will be stipulated in each special offer.
    6. Member must comply with the terms of each special offer to earn any such additional Sony Rewards Points.
    7. Member acknowledges that he/she may not be eligible to receive certain offers. If Member is sent or receives an offer in error, Sony reserves the right to debit the Member's account for the Sony Rewards Points erroneously credited.
    8. Sony Rewards shall make the final determination, in its sole discretion, as to whether a qualified activity has been satisfactorily completed and Sony Rewards Points may or may not be earned for such activity in the Member's account.
    9. Members may be given additional Sony Rewards Points, if Sony determines, in its sole discretion, that such Sony Rewards Points should be given.
    10. Members may view a summary of their Sony Rewards Points accumulation at the Sony Rewards website. Each Member should review the Sony Rewards Points accumulation on the Sony Rewards website to confirm any Sony Rewards Points earnings.
  6. Participation in Partners Offers
    1. Member's Participation in Partners Offers Rights & Responsibilities
      1. Member's participation in Partners offers or correspondence with Partners is solely between Partners and Member.
      2. Member is responsible for complying with rules set forth by Partners.
    2. Sony's Participation in Partners Offers Rights & Responsibilities
      1. Sony assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any part of any offers, promotions or advertisements sourced by Partners.
      2. Sony assumes no liability, obligation, or responsibility for direct communication or correspondence between Member and Partners, including but not limited to:
        1. Fulfillment and timeliness of delivery of Partners goods or services.
        2. Security associated with credit card or other transactions directly initiated by Member with Partners.
        3. Maintenance of privacy of any personal information given by Member directly to Partners.
      3. Member agrees that Sony shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with Partners, or as the result of the presence of such Partners on this or any other Sony or Partner Website or via Sony Rewards.
  7. Redeeming Sony Rewards Points
    1. Sony Rewards Points shall be available to each Member that participates in Sony Rewards point earning activities designated by Sony Rewards and the amount of the Sony Rewards Points available for each qualified activity shall be determined in the sole discretion of Sony, all of which is subject to change, modification, addition or deletion from Sony Rewards at any time.
    2. Once Member has achieved sufficient points, Member may redeem his/her accrued Sony Rewards Points for rewards or to take advantage of Sony and/or Partner offers as outlined on the Sony Rewards Points redemption catalog Website. Note: For some products in the Sony Rewards Points redemption catalog, Members who are not Sony Card holders and Members who are Sony Card holders but have not registered their Sony Card with Sony Rewards, will only be permitted to apply a limited amount of their Sony Rewards points towards the purchase of the product. The balance of the points necessary to redeem towards the purchase of the product must be purchased by the Member from the Sony Rewards point bank using a Member's valid VISA, Master Card, Discover or American Express Card. The amount of points necessary, the price of the points, and the purchase of the points, will be made available in the Sony Rewards Points redemption catalogue shopping cart.
    3. The points earning opportunities specified in the FAQ Section of the Sony Rewards site are subject to change by Sony at any time and without prior notice.
    4. Member must have a minimum balance of fifty (50) Sony Rewards Points in his/her account at the time of the requested reward redemption to claim a reward.
    5. Sony Rewards Points shall immediately be deducted from the Member's account upon the valid redemption of a reward through the Sony Rewards Points redemption catalog Website.
    6. Any reward claimed utilizing Sony Rewards points shall only be delivered to a valid address located in the United States.
    7. Sony Rewards member status level discounts do not apply to gift cards.
    8. Only Sony Card or PlayStation Card holders can redeem Rewards Points toward shipping and handling fees for gift cards.
    9. Coupon discounts and other catalog promotions do not apply to gift cards.

  8. Sony Product Purchases
    1. This Member Agreement shall govern your purchase of Product(s) (as defined herein) from Sony through Sony Rewards. A "Product" shall mean any item offered for sale or licensing from Sony through Sony Rewards, including, but not limited to, hardware devices, software, accessories, configurations of hardware and software, and documentation.
    2. Any attempt to supplement or amend any terms and conditions of this Member Agreement or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
    3. Your submission of an order for Product(s) shall constitute your full acceptance of the terms regarding purchases of Product(s) in this Member Agreement.
    4. Sony offers a variety of Product(s) through Sony Rewards and may update, revise or discontinue any Product(s) offering at any time, in its sole discretion.
    5. Quantities of Product(s) are subject to availability. In the event of a shortage, Sony may allocate sales and deliveries of such Product(s) in its sole discretion.
    6. Changes or differences between the marketing materials describing the Product(s) through Sony Rewards and what Product(s) is shipped are possible.
    7. Any order for Product(s) placed by you through Sony Rewards shall be considered to be an offer by you and, therefore, subject to acceptance by Sony. No acceptance of your offer shall be deemed to be given by Sony until shipment by Sony or its designee of such Product.
    8. With respect to any Product(s), Sony makes no warranties except those stated in the Sony limited warranty cards included with the Product(s), if applicable, or in the case of optional extended warranties issued by Sony, such extended warranty documentation.
    9. If Member purchases a Product(s) that includes any software, then such software (including pre-loaded software contained in hardware) is provided subject to such software's user license agreement and you agree to be bound to any such agreement.
    10. Sony may choose a reputable carrier and appropriate means of shipment for Product shipments purchased through Sony Rewards.
    11. The purchase price for Products will be represented by the number of Sony Rewards points required for redemption. For Members who are not Sony Card holders and Members who are Sony Card holders but have not registered their Sony Card with Sony Rewards, the amount of Sony Rewards points that may be redeemed from the Member's Sony Rewards account for a particular Product, as well as the amount of points that must be purchased from the Sony Rewards point bank, will be indicated in the Member's shopping cart during the Product check-out process.
    12. Sony confirms the listed price for Product(s) and/or number of Sony Rewards Points utilized to purchase such Product(s) during the order processing procedures. In the unlikely event that a stated price for Product or the number of Sony Rewards Points utilized is incorrect, then the following applies:
      1. If the correct number of Sony Rewards Points needed for purchase of the Product is lower than the Sony Rewards Point requirement listed, Sony will deduct the lower amount and ship you the Product(s). If any Sony Rewards Points in excess of the amount required were purchased from the Sony Rewards point bank in connection with the Product purchase, Sony will issue a credit equal to the value of such points against the Member's credit card used to purchase them.
      2. If the correct number of Sony Rewards Points needed as part of the purchase price for Product(s) is higher than the Sony Rewards Point requirement listed, Sony may, in its sole discretion, either (A) contact you to advise you of the pricing error and allow for the purchase of the Product based on the correct price; or (B) cancel the order for Product(s) and notify you of such cancellation.
    13. Title to the Product(s), other than software, shall pass from Sony to you upon shipment from Sony's facility. Title to software shall remain with the applicable licensor(s).
  9. Returns and Exchanges
    1. Members may return products at their sole cost and expense that have been purchased from Sony through the Program utilizing Sony Rewards Points.
    2. Sony allows for return of Product(s) after obtaining a return authorization number ("RMA") directly from Sony during the 30 day period following the date of shipment from Sony.
    3. RMA's may be obtained through Sony's customer service by e-mail (customerservice@sonyrewards.sel.sony.com) or by telephone at 1-866-556-SONY (7669).
    4. The RMA must be noted on the outside of the returned Product's container.
    5. The following items must be in the condition listed below to be accepted by Sony for return:
      1. CD, DVD software, video game, cassette tape, vinyl record or VHS tape all must remain unopened (still in plastic wrap, if applicable).
      2. Any item from the electronic product offering must be in new condition with original packaging and accessories.
    6. If a Member returns Product(s) that either (A) does not include a valid RMA; (B) is not within the 30 day period; or (C) does not have the proper packaging, then Sony retains the right, in its sole discretion, to either refuse delivery of such Product(s) or charge the Member a restocking fee.
    7. Any return policy for products purchased from a Partner shall be controlled by each Partners individual return policy.
    8. After a return has been made and approved by Sony Rewards, (i) Members who are not Sony Card holders and Members who are Sony Card holders but have not registered their Sony Card with Sony Rewards will have the full monetary value of the purchase credited to their Credit card; (ii) Members who have a Sony Card registered with Sony Rewards will be issued a credit against the credit card used to purchase any Sony Rewards points from the points bank equal to the value of the points purchased from the point bank for the Product (if any) and will have the points used for the Product purchase that were not purchased from the Sony Rewards points bank added back to their Sony Rewards Points account balance.
    9. Any credit for the purchase price and Sony Rewards Points shall be made to the appropriate Member accounts and/or credit cards within seven business (7) days after Sony's receipt of the returned Product(s).
    10. Any Sony Rewards Points that are added back to the Member's account shall be available to be used for additional purchases after the credit is posted.
    11. Members shall arrange for and pay any and all shipping costs for products returned to Sony and that have been purchased through Sony Rewards. Sony Rewards recommends that Members obtain insurance for any products that are shipped to Sony through a traceable shipping method since each Member assumes the risk of loss of the product until it has been received by Sony.
    12. Any items purchased from Sony and/or Sony Rewards are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Sony's delivery to the carrier. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
  10. Expiration of Sony Rewards Points 
    1. Any Sony Rewards Points earned during the current month shall be available for redemption for the following periods:
      1. for Members who are not Sony Card holders, until March 31st of the calendar year following the calendar year in which the points are earned;
      2. for Members who have a Sony Card and have registered that Sony Card with Sony Rewards, five (5) years from the end of the calendar month in which such points are earned, subject to any limitations and conditions contained in their Sony Card agreement with the card issuing bank; and
      3. for Members who are Sony Card holders but have not registered their Sony Card with Sony Rewards, (a) five (5) years from the end of the calendar month in which they are earned if such points are earned using their Sony Card, subject to any limitations and conditions contained in their Sony Card agreement with the card issuing bank, or (b) until March 31st of the calendar year following the calendar year in which the points are earned, if such points are earned on the Sony Rewards website.
        All points expire at 11:59pm Eastern Standard Time (ET) on the date of expiration.
      1. Member acknowledges that any Sony Rewards Points that are not redeemed during the redemption periods described in paragraph 10.1 above shall be forfeited at 11:50pm ET at the end of that period. (For example, if 500 Sony Rewards Points are earned in the month of June by a Member who does not have a Sony Card registered with Sony Rewards, then these 500 points must be utilized by 11:59pm ET on March 31st of the following calendar year or such Sony Rewards Points shall be forfeited.)
      2. Members who have a Sony Card registered with Sony Rewards will maintain their points for up to five (5) years from the end of the calendar year in which they were earned, subject to any limitations and conditions contained in their Sony Card agreement with the card issuing bank. For all other Members, including Members who have a Sony Card but have not registered that card at Sony Rewards, points earned at Sony Reward are automatically forfeited when the Member elects to terminate his/her Sony Rewards membership.
  11. Proprietary Rights to Content
    1. Member agrees that title, ownership rights and other intellectual property and proprietary rights in Sony Rewards shall remain in Sony and/or its licensors and suppliers.
    2. Member acknowledges that the content of this Website and Sony Rewards - including but not limited to text, sound, photographs, graphics, software or other material contained in either Sony, Partners, advertisements, offers, electronic mail communications, services or software is copyrighted by Sony and/or its licensors and suppliers under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Sony or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Sony and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by Sony or its Partners may be downloaded onto a single computer for Member's personal, noncommercial use. Member must abide by all copyright notices, information, or restrictions contained in or attached to any such content.
    3. Member may use Sony's or Partners' content, service or software only as expressly authorized by Sony or the Partners.
    4. Member acknowledges and agrees that Sony Rewards and any necessary software provided by Sony or its Partners or other third-party partners and used in connection with Sony Rewards ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Sony grants Member a personal, nontransferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with Member's use of this Website and Sony Rewards; provided that Member does not (and does not allow any third party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. Member agrees not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to Sony Rewards. Member agrees not to access Sony Rewards by any means other than through the interface that is provided by Sony for such use.
    5. If, at Sony Rewards' request, a Member sends content (e.g., postings to chat boards or contests) or Member sends Sony Rewards creative suggestions, ideas, notes, drawings or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Sony and shall be controlled by the same ownership obligations set forth in Section 11.a.-d.above.
  12. Member Conduct
    1. Member agrees not to use Sony Rewards or this Website to:
      1. Violate any local, state, national or international law;
      2. Stalk, harass or harm another individual;
      3. Collect or store personal data about other Members;
      4. Impersonate any person, or otherwise misrepresent Member's identity;
      5. Interfere with, disrupt or violate the terms and conditions and operating rules of Sony Rewards or servers or networks connected to Sony Rewards; or disobey any requirements, procedures, policies or regulations of such networks;
      6. Interfere with another Member's use of Sony Rewards;
      7. Attempt to gain unauthorized access to Sony Rewards, or to other accounts, computer systems or networks connected to Sony Rewards;
      8. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
      9. Use Sony Rewards to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
      10. Resell or otherwise generate income by providing access to Sony Rewards to others.
  13. Termination
    1. This Member Agreement, and your account, may be terminated as follows:
      1. By Member. Member may terminate membership in Sony Rewards with or without cause at any time. Member's termination of Sony Rewards is effective upon Member completing the Member termination form within the Sony Rewards website.
      2. By Sony. Sony may terminate this Member Agreement, Member's password, account or use of Sony Rewards, and remove and discard any Member content in its sole discretion, effective immediately and without prior notice, for any reason, including, without limitation, failure to provide accurate Registration Data, lack of use, or if Sony believes that Member has violated or acted inconsistently with the letter or spirit of this Member Agreement. Sony reserves the right to discontinue Sony Rewards with four (4) months prior notice.
    2. Effect of Termination. Upon termination by either Member or Sony:
      1. Sony may immediately deactivate or delete Member's account and all related information and files and/or bar any further access to such files or Sony Rewards.
      2. Member's right to use Sony Rewards ceases immediately.
      3. Members who do not have a Sony Card registered with Sony Rewards shall forfeit any unredeemed Sony Rewards Points upon termination.
      4. Should Member object to any of the terms or conditions of this Member Agreement or any subsequent modifications thereto or become dissatisfied with Sony Rewards, Member's only recourse is to:
        1. Immediately discontinue use of Sony Rewards, and
        2. Properly terminate membership in Sony Rewards [see item 13(a)(i) above].
      5. Member agrees that Sony shall not be liable to Member or to any third party for any termination of Member's account or Member's access to Sony Rewards.
      6. Survival. The provisions of Sections 3b, 4, 6b, 9, 11, 12 and 14 through 22 shall survive any termination of this Member Agreement.
  14. Privacy Policy

    Click here to review Sony Rewards' Privacy Policy.

  15. Modifications to Terms & Conditions
    1. Sony reserves the right to modify Sony Rewards, this Member Agreement and/or Privacy Policy at any time without prior notice. It is a Member's responsibility to review from time to time and stay familiar with this Member Agreement and Privacy Policy. While Sony reserves this right, Sony will attempt to notify Member of any such changes to the Privacy Policy and material changes to the Member Agreement via e-mail and/or by posting such changes on the Sony Rewards Website.
    2. Sony may discontinue, add to or revise any or all aspects of Sony Rewards in its sole discretion and without notice, including Sony Rewards Points, access to any support services, publications and other products or services ancillary to Sony Rewards or membership.
    3. If Member objects to any changes, Member's sole recourse shall be to cease using Sony Rewards. Member's continuing use of Sony Rewards after notification of any such change(s) constitutes conclusive evidence of Member's acknowledgement of the modification to this Member Agreement and Member's agreement to be bound by such change(s).
    4. Any new or additional features of Sony Rewards shall be subject to this Member Agreement.
  16. Disclaimer of Warranties
    1. Member agrees that use of Sony Rewards and this Website is solely at the risk of the Member.
    2. Sony Rewards and all services offered therein are provided on a strictly "AS IS" and "AS AVAILABLE" basis, without representation or warranty (including any implied warranties) of any kind.
    3. Neither Sony nor its Partners makes any warranty:
      1. That Sony Rewards will meet Member's requirements.
      2. That Sony Rewards will be uninterrupted, timely, free of errors or without defects.
      3. As to the results a Member may obtain by using Sony Rewards.
      4. As to the accuracy or reliability of any information obtained via Sony Rewards.
    4. SONY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, OTHER THAN AS OTHERWISE SET FORTH IN THIS MEMBER AGREEMENT, REGARDING SONY REWARDS, INFORMATION, SERVICES OR GOODS PROVIDED BY OR THROUGH SONY REWARDS (OTHER THAN THOSE INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THIS MEMBER AGREEMENT), INCLUDING, BUT NOT LIMITED TO:
      1. THE IMPLIED WARRANTY OF MERCHANTABILITY;
      2. THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR USER OR PURPOSE; AND
      3. NON-INFRINGEMENT.
    5. Sony makes no warranty with regard to any products, services, or gifts obtained by Members through Sony Rewards' Partners. Sony cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Partners, manufacturers of merchandise or suppliers of services. However, the third party manufacturer or supplier of these Product(s) may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims.
    6. No advice or information, whether oral or written, obtained by a Member from Sony or via Sony Rewards shall create any warranty not expressly made herein.
  17. Limitation of Liability
    1. Member understands that Sony and/or Partners may place restrictions on the use of goods and services offered through Sony Rewards.
    2. Member understands that all goods and services offered by Partners through Sony Rewards are offered by third parties, and that Sony does not operate, control or endorse any information, goods or services of its Partners in any way.
    3. ANY LIABILITY THAT MAY ARISE FROM A PRODUCT(S) SHALL BE LIMITED TO THE PRICE PAID FOR SUCH PRODUCT(S).
    4. NEITHER SONY, NOR ITS OFFICERS, DIRECTORS, STOCKHOLDERS, SUBSIDIARIES, EMPLOYEES, AGENTS, VENDORS, LICENSORS, AFFILIATES OR OTHER THIRD-PARTY PROVIDERS SHALL BE HELD LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM:
      1. The use or inability to use Sony Rewards;
      2. The cost of procurement of substitute goods or services;
      3. Any transaction entered into or through Sony Rewards;
      4. The reliance on or use of any information, goods, services or merchandise provided on Sony Rewards;
      5. Unauthorized access to or alteration of Member's transmissions or data;
      6. Statements or conduct of any third party;
      7. Any claim attributable to errors, omissions or other inaccuracies in Sony Rewards and/or materials or information retrieved through Sony Rewards; or
      8. Any other matter relating to Sony Rewards or this Member Agreement;
      9. The purchase of Product(s) through Sony Rewards.
    5. The above limitation is applicable even if Sony or its authorized representatives have been advised of (or know or should have known of) the possibility of such damages.
    6. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to Member. Member's rights vary from jurisdiction to jurisdiction. To the extent that Sony may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
    7. Member acknowledges and agrees that Sony neither endorses the contents of any electronic mail, Internet communications, physical mail or other communications in any media nor shall Sony be held responsible or liable for:
      1. The accuracy of material contained in electronic mail, Internet, or other communications.
      2. Any infringement of third-party intellectual property rights arising from the electronic mail, Internet, or other communications.
      3. Any fraud or other crime facilitated by the electronic mail, Internet, or other communications.
    8. Member agrees that Sony is not liable to Member or to any third party for any modification, suspension or discontinuance of any part or all of Sony Rewards, including changes or discontinuances of service from particular providers to Sony Rewards, which may affect the amount of the Sony Rewards Points offered or the accrual of Sony Rewards Points.
    9. Sony Rewards is void where prohibited by law.
  18. Laws
    1. The Member Agreement shall be governed by and construed according to the laws of the state of New York as applied to agreements made, entered into and performed entirely in New York by New York residents, notwithstanding the actual residence of the parties.
    2. The Member Agreement constitutes the complete, final and exclusive understanding between Sony and Member relating to the subject matter hereof and governs Member's use of Sony Rewards, superseding all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
    3. Member may be subject to additional terms and conditions that may apply when Member obtains or uses third-party content, third-party software or goods and services provided by or through Partners or other third parties.
    4. If any provision(s) of the Member Agreement is (are) held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.
    5. Sony's failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sony in writing.
    6. Member agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of Sony Rewards or this Member Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
    7. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.
    8. Sony may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member.
    9. All headings in this Member Agreement are for convenience only and have no legal effect.
    10. Any dispute arising under or in respect of this Member Agreement shall be resolved through binding arbitration in New York, New York, in front of a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
  19. Notice

    Except as provided above with respect to modifications of this Member Agreement, Sony may deliver notices to Member by prepaid United States first class mail at the address in Sony's database, or via electronic mail at the electronic mail address in Sony's database; any such notice shall be deemed effectively given upon delivery. Member may give notice to Sony by electronic mail by clicking the Contact link at the bottom of this web page or by prepaid certified mail, return receipt requested at the following address: Sony Rewards Program, 550 Madison Avenue, New York, New York 10022, Attn: Legal Department, and any such notice shall be effective upon receipt.

  20. Links

    The provision by Sony of a link to any other Website or Internet location is for Member's convenience only and does not signify Sony's endorsement of such other site or location or its contents. While Sony Rewards endeavors to provide links only to those sites that are reputable and safe, Sony Rewards and/or Sony shall not be held responsible for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. Any links to other sites are provided merely as a convenience to the users of this Website and any inclusion of such links and frames in this Website does not imply an endorsement of the linked or framed sites or their content.

  21. No Resale

    Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Website, Sony Rewards, use of Sony Rewards, access to Sony Rewards, or any Product(s). Sony Rewards is provided for Member's personal, noncommercial use only.

  22. Indemnification

    Member agrees to indemnify and hold harmless Sony and its parent, subsidiaries, affiliates and their respective officers, directors, employees, agents, vendors, licensors, suppliers, co-branders, third-party providers or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorney's fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the violation by Member (or anyone acting under Member's account or password) of this Member Agreement or the use or misuse of Sony Rewards by Member (or anyone acting under Member's account or password), or the violation of any rights of another by Member (or anyone acting under Member's account or password).

  23. Use and Storage

    Member acknowledges that Sony may establish general practices and limits concerning use of Sony Rewards, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by Sony Rewards, the maximum disk space that will be allotted on Sony's servers on Member's behalf, and the maximum number of times (and the maximum duration for which) Member may access Sony Rewards in a given period of time. Member acknowledges that Sony reserves the right to terminate accounts that are inactive for an extended period of time, as determined by Sony in our sole discretion. Member further acknowledges that Sony reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice. Member agrees that Sony has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through Sony Rewards.

  24. Miscellaneous

    Failure of Sony to insist upon strict performance of any provisions of this Member Agreement shall not be deemed a waiver of its right and remedies. If any provision of this Member Agreement is deemed by a court to be unenforceable, the remainder shall remain in full force and effect.


 
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