Terms and Conditions

Sony Rewards Member Agreement

The Sony Rewards Program (“Program”) is owned and operated by the Sony Card Marketing and Services Company, a division of Sony Electronics (“Sony”), and is provided subject to compliance with the terms and conditions of this member agreement (“Member Agreement”).

Please read this Member Agreement carefully before registering, accessing or using the Program or the Program’s Website, www.sonyrewards.com (the “Website”). This Member Agreement governs your rights and responsibilities in connection with the Website, and in addition, applies to the Web pages, interactive features, applications, widgets, blogs, social networks and any other online or wireless offerings that post a link to this Member Agreement, whether accessed via computer, mobile device or other technology, manner or means. The term Website includes the content of the Website, all of our services provided on or through the Website, and any software that we make available on or through the Website, unless otherwise specified. You "use" the Website anytime you access (via computer, mobile device or other technology), view, link to or from, or otherwise interact or communicate with or connect to, the Website (or any parts thereof) or interact or communicate with other users through the Website (including, without limitation, on social media, message boards, chat rooms and/or other communities established on the Website).

By registering, accessing or using the Program or the Website, you acknowledge and agree that this Member Agreement is a legally binding contract between you and Sony, and you agree to be bound by the terms and conditions set forth below as well as the terms set forth in the Privacy Policy.  The Privacy Policy, which can be found at www.sonyrewards.com/en/footer/privacy_legal, is hereby incorporated by this reference into this Member Agreement. Do not use the Website or the Program if you do not agree with any of the term contained herein.

By clicking submit on the registration page you are completing the registration process and being accepted into the Program by Sony and you become an authorized user (“Member” or “you”) of the Program. If you are a Member with a current outstanding Sony Card^SM or PlayStation® Card (both referred to herein as “Card”), you may be eligible for additional benefits and services, as described herein.

Sony reserves the right to discontinue, change or modify the Program, this Member Agreement and/or the Privacy Policy, at any time, with or without notice. Changes to this Member Agreement and the Privacy Policy will be effective when posted. (This version of this Member Agreement was put into effect on October 8, 2011.) You agree to review this Member Agreement and the Privacy Policy periodically to become aware of any changes. Your use of the Website or any part thereof after any changes to this Member Agreement or the Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Program and the Website. Your use of certain Website features, functionality, programs or services (including, without limitation, contests, sweepstakes, promotions and wireless marketing opportunities, offered on or through the Website) may be subject to additional or special terms and conditions ("Special Rules"), and before you use any such features, functionality, programs or services you may be required to indicate your acceptance of such additional Special Rules. All Special Rules are incorporated into this Member Agreement as if fully set forth herein.

1.   General Program Participation

a. Eligibility; Restrictions. Membership in the Program is free, but is limited to individuals only who are (i) at least 13 years of age and (ii) legal residents of the United States of America. Business entities, including partnerships and corporations, automated services, scripts or machines are not eligible to use the Program or become Members. The Program is solely for the Members’ personal, noncommercial use. An individual may only have one Program account (each an “Account”), even if that individual has multiple e-mail addresses. Additionally, only one Account per e-mail address is allowed.

b.   Registration

i.    Each Member must (a) provide Sony (and its third-party partners) true, accurate, current and complete information (the “Registration Data”) when he/she completes the Program’s registration form, and (b) maintain and update the Registration Data as necessary in order to keep the Member’s Registration Data accurate, current and complete. Sony is not responsible for emails that are returned or rejected by a Member’s email provider.

ii.    Each Member’s valid email address will be his/her Account name. The Member must also select a password when he/she registers with the Program.

iii.   By registering, the Member acknowledges and agrees that Sony may use his/her Account name and password to (a) access his/her Account and records, (b) update Account profile information, (c) assist the Member with redeeming Program points, and (d) all other valid business purposes Sony deems appropriate.

iv.   If the Member has a Sony Card or a Playstation Card, it is his/her responsibility to ensure that his/her Card account is properly registered and linked to a Sony Rewards Account.

1. Card holders who are new to the Program and have no previous Sony Rewards Account, must register with the Program and thereafter link their Card to their Sony Rewards Account. To complete the linking process, the Card holder must access SonyRewards.com, visit the “My Communications Preferences” section of the “My Account” tab of the Website, and follow the simple instructions. The Member will need to provide valid and active Card account information, billing zip code, and last four digits of the Account holder’s social security number to complete the process.

2. Card holders who held a Sony Rewards Account prior to holding a Card must associate their Card account to their existing Sony Rewards Account by either (a) calling 1.877.718.7669 and requesting a Sony Rewards agent to merge their Accounts or (b) logging into their existing Sony Rewards Account, accessing the ““My Communications Preferences” section of the “My Account” tab of the Website, and providing valid and active Card account information, zip code and last four digits of social security number.  

c. Program Access. Each Member is solely responsible for any costs associated with his/her access of the Website or participation in the Program.

d. Transferability. Membership in the Program, any Sony Rewards Program points (“Points”) earned and any other related membership benefits are not transferable and may not be combined or merged with any other Member’s Account. 

e. Unauthorized Activity and Access. Each Member is solely responsible for keeping his/her e-mail address and Account name and password confidential, and is responsible for all activities that occur on his/her Account, including all unauthorized activities. Sony is entitled to act on instructions received by it if a correct Account name (email address) and password is provided, and in such case will not be liable for (i) any credits or debits made to the applicable Account, or (ii) any loss or damage arising from a Member’s failure to adequately safeguard his/her Account name (user ID/email address) and/or password. You agree to (i) immediately notify Sony of any unauthorized use of your Account or any other breach of security related to the Program or the Website, and (ii) ensure that you log out from your Account at the end of each session.

2.   Sony Rewards Points

      a.   General. Members can earn Points by participating in various Program activities and Offers (as defined below). The specific activities and Offers and the number of Points awarded per activity or Offer are outlined in the FAQ section of the Website or in the applicable Offer materials. Sony, in its sole discretion, will decide on the number of Points that a Member can earn in conjunction with an activity or in response to an Offer, on a case-by-case basis and will stipulate such Point requirement in the applicable activity materials or Offer. Points are not transferable, have no cash value, and may not sold. In the event of an error on the part of Sony in the definition of an activity or Offer’s terms, Sony cannot be held responsible for the error and will award the intended number of Points. 

      b.   Points Summaries. Members may view (and should review on a periodic basis) the summary of their Points accumulation on the Website. Each Member is solely responsible for ensuring that all Points that are earned are included in such Member’s Point balance and that his/her Points balance is correct.

      c.   Earning Rewards Points - Sony and Partner Offers

1. Sony, its affiliates and its third party merchants, partners, sponsors and clients (“Partners”) may send Members information and offers and promotions (each an “Offer”), via email, social networks, mobile communications (i.e. text messages), telephone, physical mail, or other means. Activity by a Member in response to an Offer may, in some cases, provide such Member with the ability to earn Points.
   
   
   1. Each Member acknowledges and agrees that:

1. He/she may not be eligible to receive certain Offers;

2. In order to earn the Points indicated in an Offer that is received, he/she must be eligible for and must strictly comply with the terms of the applicable Offer;

3. If he/she is sent or receives an Offer in error, Sony reserves the right to nullify Points erroneously credited;

4. Sony shall make the final determination, in its sole discretion, as to whether a qualified activity required to earn Points in conjunction with an Offer has been satisfactorily completed, and whether Points may or may not be earned for such activity;

5. Sony may grant additional Points to certain Members, in its sole discretion; and

6. Points earned in conjunction with certain Offers may have expiration dates that are not the same as the Point expiration dates outlined herein.

iii.   In addition, with respect to Partner Offers, each Member acknowledges and agrees that:

1. His/her participation in Offers or correspondence with Partners is solely between the Partners and the Member;

2. He/she is responsible for complying with the rules set forth by Partners; and

3. Sony assumes no liability, obligation or responsibility for, and makes no warranty with respect to (i) any part of any Partner Offer or the timeliness of delivery of Partner goods or services; (ii) communication or correspondence between a Member and a Partner; (iii) security associated with credit card or other transactions directly initiated by a Member with a Partner; (iv) maintenance of privacy of any personal information given by Member directly to Partners; and (v) 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 any Sony or Partner Website or via the Program.

d.   Earning Rewards Points on the Sony Card. A Member that holds a Sony Card may earn Points on purchases made with such Sony Card.  Subject to the following sentence, a Member may earn 5 Points for every $1 spent on Sony products purchased from Sony stores, Sony.com or from an authorized Sony retailer, 3 Points for every $1 spent on dining out and movies, and 1 Point for every $1 spent on every other purchase.  Members with a Sony Card will automatically receive 1 point per $1 spent on Sony purchases at authorized retailer but to receive the additional 4 points per $1 spent, the Member must submit a Card Bonus Points Form which can be found in the “My Account” section of the Website.

e.   Earning Sony Rewards Points on the PlayStation Card. A member holding a registered and linked PlayStation Card may earn 10 Points for $1 spent on PlayStation Network purchases, 3 Points for every $1 spent on Sony products purchased from Sony stores, Sony.com or an authorized Sony retailer, quick service restaurants, cell phone bills and movies, and 1 Point for every $1 spent on every other purchase. Members with a PlayStation Card will automatically receive 1 point per $1 spent on Sony purchases at authorized retailers, but to receive your additional 2 points per $1 spent, submit a Card Bonus Points Form which can be found in the “My Account” section of the Website.

f. Earning Sony Rewards Points for Purchases Made at Select Retailers. The Sony Rewards Points Plus program ( the “P+ Program”) offers Members, who are residents of the United States, the opportunity to earn Points for making purchases at select retailers who participate in the P+ Program (“Participating Retailers”). The rules for the P+ Program can be found at https://www.pointsplus.sonyrewards.com/members.

g. Redeeming Points

i.    General

1. A Member may redeem his/her accrued Points for rewards or take advantage of Offers as outlined herein and on the Website. (The applicable Member may purchase additional Points in the event that it does not have the required number of points to take advantage of an Offer.) This Member Agreement shall govern a Member’s redemption/purchase using Points and/or cash of any item or merchandise offered for sale or licensing through the Program (each a “Product”).

2. Points will immediately be put on hold and deducted from a Member’s Account upon shipment of a redemption item.

3. Any reward claimed utilizing Points may only be delivered to a valid mailing address located within the United States, provided that no deliveries will be made to an APO or P.O. Box.

4. In the event that a stated price for a product or the number of Points needed to redeem a product is higher than the Point requirement listed on the Website or in the print catalog, Sony may, in its sole discretion, either (A) contact the Member, advise him/her of the pricing error and permit the redemption of the product based on the correct price, or (B) cancel the order of product(s) and notify the Member of such cancellation.

5. The Offers are void where prohibited by law.

ii.    Product Information

1.   Product Offerings. Sony may update, revise or discontinue the Products offered on the Website and/or through the Program at any time, in its sole discretion. Quantities of Products are subject to availability. In the event of a shortage, Sony may allocate sales and deliveries of such Product(s) in its sole discretion. If an electronics Product on the Website becomes unavailable, Sony may substitute the Product with one of equal or greater value without advance notice. Sony is not responsible for pricing, photographic, typographic or system errors.

2.   Warranty. With respect to any Product(s), Sony makes no warranties except those stated in the limited warranty cards included with the Product(s), if applicable, or in the case of optional extended warranties issued or purchased in conjunction with the Product, such extended warranty documentation.

3.   Software. If a Member redeems/purchases a Product that includes any software, such software (including pre-loaded software contained in hardware) is provided subject to such software's user license agreement and the Member agree to be bound to any such agreement.

4.   Shipment Contract. Any items redeemed/purchased from or through the Program are made pursuant to a shipment contract which means that the risk of loss and title for such items pass to the Member upon Sony's delivery to the carrier. In the event of Product damage or loss during transit, it is the Member’s responsibility to file a claim with the carrier.

iii.   Gift Cards and Movie Tickets. Coupon discounts and other catalog promotions do not apply to the redemption/purchase of gift cards and movie tickets.

iv.   Redemption of Points by Cardholders. For each Card account, subject to the limitations contained in the Bank Card Agreement, Points can be used towards anything listed on the Website or the Program’s print catalog. Points will be automatically deducted from the Member’s Account when the item ships. The applicable Member may also purchase additional Points. For Members that have a registered and linked Card, in order for such Member to redeem Points, such Member must be enrolled in the Program and his/her Card account must be (i) open and in good standing as determined by the credit card issuing bank, or (ii) if his/her Card account was closed within the past 60 days, not be in default as defined in Card account Cardmember Agreement. (Points cannot be redeemed and will not be deposited in a Member’s Account if such Member’s Card account is more than 60 days past due.)

h.   Expiration of Points

1. Points Expiration Time. Any Points that are not redeemed in accordance with this Membership Agreement shall be forfeited and expire at 11:59pm Eastern Standard Time (ET) on the date of expiration described below.

1. Points Expiration for Non-Card members.  For Accounts that do not have an associated Card linked to the Account, all earned Points will expire on March 31^st of the calendar year following the year in which the Points were earned.  (For example: if a Member who does not have a Card linked to his/her Account earns 500 Points in June 2011, such Member must redeem the 500 Points by 11:59pm ET on March 31, 2012 or the Member will forfeit the Points.)

1. Points Expiration for Cardmembers.  Once the Card is properly registered and linked to an Account, all Points will expire five (5) years from the end of the calendar month in which such Points were earned.

i.     Sony Rewards Purchase Credit Option

i.    In the event that a Member purchases a new Sony product (refurbished Sony products do not qualify) from an authorized retailer with his/her Card, such Member can use the Purchase Credit Option. The Card account must be open and in good standing as determined by the credit card issuing bank to use the Purchase Credit Option. The Purchase Credit Form can be found online at www.sonyrewards.com by clicking on “My Account”.

ii.    To use the Purchase Credit Option, a Member must submit a completed Purchase Credit Form with the itemized sales receipt within sixty (60) calendar days from the date of purchase. Upon receipt of a completed Purchase Credit Form and itemized receipt, Sony will: (i) calculate the number of Points, at a rate of 115 Points per $1 of retail price; (ii) deduct the number of Points required to purchase the applicable Sony product from the Card Member’s Account balance; and (iii) credit the dollar amount of the purchase, or any portion thereof, to Member’s Card account. The Member is not required to have the total number of Points required to cover the entire purchase. Sony will deduct as many Points as available for use towards any partial redemption. The minimum credit that will be applied to a Member’s Card account is $10, which requires a minimum Points balance of 1,150 Points.

iii.   Sony may change or remove the Purchase Credit option at any time without prior notice.

3.   Termination of the Card Issuing Bank. In the event that the Card Program is terminated with the then existing credit card bank issuer and such issuing bank is no longer affiliated with the Program, Card Accounts will have a grace period during which they will continue to have the privileges outlined herein for Card accounts. Such grace period will be determined and announced prior to such termination. After such grace period, Card Accounts associated with the terminated credit card bank issuer will have the benefits outlined herein for Accounts not linked to a Card and all Points for such Accounts will expire on March 31st of the calendar year following the year in which the Card relationship between Sony and such credit card bank issuer terminates.

4.   Product Returns and Exchanges

a.   Returns.

i.    Sony Products Purchased/Redeemed using Points. Once an order has been placed, Sony cannot cancel it. However, a Member may return a Product redeemed/purchased from Sony using Points at his/her sole cost and expense, if such return is within thirty (30) days of the date of shipment from Sony and in accordance with this Member Agreement. Prior to returning any Product, a Member must first contact Sony Rewards at 1-888-715-SONY (7669), between the hours of 8 a.m. and 12 midnight ET, 7 days a week. Members shall arrange for and pay any and all shipping costs for Products returned to Sony. Sony reserves the right to (i) refuse to accept the returned Product or to restore Points and/or cash if points are purchased, if a Product is returned without adherence to this policy, and (ii) charge a restocking fee for any returned Product.  If a Product arrives damaged, it is the Member’s responsibility to contact Sony within thirty (30) days of ship date.  The damaged Product will be picked up and new Product will be reshipped at Sony’s expense.  Only if the exact model is not available will Sony reimburse the customer for the damaged Product.

ii.    Products Redeemed/Purchased from Partners. The return of any Products redeemed/purchased from a Partner shall be controlled by each Partner’s individual return policy.

iii.   Points Credit for Returns. After a return has been made and approved by Sony, the Points used for the Product redemption/purchase will be credited to the Member’s Account, to the extent not expired, and if additional Points were purchased, Sony will issue a credit for the value of the Points purchased on the credit card used to purchase such Points. Points that are added back to a Member's Account will not be available for use until they are re-posted to the Account. Points that have expired will not be credited to the Member’s Account.

1. Gift Cards and Movie Tickets. Gift cards and movie tickets may not be cancelled, returned, exchanged or replaced. Sony is not responsible for lost cards or tickets unless such cards or tickets are not shipped to the address entered by the Member during the redemption/purchase process.

5.   Proprietary Rights to Content

a.   Title, ownership rights and all other intellectual property and proprietary rights in the Program and the Website shall remain in Sony and/or its licensors and suppliers.

b.   Each Member acknowledges that the content of (i) the Website (and the Program), including but not limited to text, sound, photographs or other material contained on the Website, (ii) the Program materials, (iii) the Offers, and (iv) any electronic mail communications is copyrighted and owned by Sony and/or its licensors and suppliers, subject to other intellectual property and proprietary rights and laws. Each Member agrees that he/she will not copy, modify, reproduce, republish, post, transmit, sell or redistribute such content in any way without the prior written permission of Sony. Each Member agrees to abide by all copyright notices, information, or restrictions contained in or attached to any such content.

c.   Each Member may use Sony's or Partners' content, service or software only as expressly authorized by Sony or the Partners.

d.   Each Member acknowledges and agrees that the Program and any software provided by Sony or its Partners or other third-party partners and used in connection with the Program (“Software”) contain proprietary information that is protected by applicable intellectual property and other laws. Sony grants each 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 the Website and the Program; 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 the Program. Member agrees not to access the Program by any means other than through the interface that is provided by Sony for such use.

e.   If, at the Program’s request, a Member sends content (e.g., postings to social media Websites or submission of contest entries) or creative suggestions, ideas, notes, drawings or other information to Sony (collectively, “Submissions”), such Submissions shall be deemed, and shall remain, the property of Sony and shall be controlled by the same ownership obligations set forth in this Member Agreement.

6.   Member Conduct

a.   You agree to abide by all applicable local, state, federal and international laws and regulations with respect to your Account and use of the Program and the Website.

b.   You agree not to use the Program or the Website to: (i) stalk, harass or harm another individual; (ii) impersonate any person, or otherwise misrepresent your identity; (iii) interfere with or disrupt the systems, servers or networks associated with or connected to the Program and the Website or disobey any requirements, procedures, policies or regulations of such networks; (iv) violate the terms and conditions and operating rules of the Program; (v) interfere with another Member’s use of the Program; (vi) attempt to gain unauthorized access to the Program, or to other Accounts; (vii) transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; (viii) use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; or (ix) resell or otherwise generate income by providing access to Sony Rewards to others.

c.   You agree not to use any language in connection with the Program, on the Website or during calls to customer service that is offensive or obscene, as Sony deems in its sole judgment.

d.   You agree that you will not forward or distribute, reproduce in any manner whatsoever or post on any internet site, Offers that you receive from Sony or any Partner.

7.   Termination; Suspension

a.   Termination. This Member Agreement, and your Account (including your password and all use of the Website), may be:

i.    Terminated by you with or without cause at any time;

ii.    Terminated or suspended by Sony at any time, in its sole discretion, without prior notice, for any reason, including, without limitation, violation of this Member Agreement, failure to provide accurate Registration Data, lack of use or actions which are inconsistently with the letter or spirit of this Member Agreement; and/or

iii.   Automatically terminated by Sony if it is suspected that a Member has multiple accounts.

b.   Effect of Termination. Upon termination by either Member or Sony:

i.    Member's right to use the Program cease immediately, and 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 the Program;

ii.    If you do not have a Card registered with Sony Rewards you shall forfeit any unredeemed Points; and

iii.   Member agrees that Sony shall not be liable to Member or to any third party for any termination of his/her Account or Member's access to the Program.

c. Survival. The provisions of Sections 4 through 13 shall survive any termination of this Member Agreement.

8.   Privacy Policy. Click here to review Sony Rewards' Privacy Policy.  By agreeing to these terms and conditions, you also consent to the terms of the Privacy Policy.

9.   Modifications to Terms & Conditions and Recourse

a.   Sony reserves the right to discontinue, add to, revise, suspend or modify any or all aspects of the Program, including, without limitation (i) the ability to earn and redeem Points, and the number of Points earned through specific Program activities or Offers, (ii) this Member Agreement and/or the Privacy Policy, and (iii) the ability to access support services, publications and other products or services ancillary to the Program or the Website, in its sole discretion, at any time without prior notice, and Sony shall not be liable to Member or and third party for any such action. It is a Member's responsibility to review from time to time and stay familiar with this Member Agreement and Privacy Policy.

b.   If a Member objects to this Member Agreement or any changes hereto or at any time becomes dissatisfied with the Program, Member's sole recourse shall be to cease using the Program and the Website and to terminate his/her membership in the Program. Member's continuing use of the Program 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).

c.   Any new or additional features of the Program shall be subject to this Member Agreement.

10. Warranties.

a.   DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE PROGRAM IS AT YOUR SOLE RISK. THE WEBSITE (AND ANY PORTION OF THE WEBSITE) THE PROGRAM AND ANY SERVICES OFFERED BY SONY IN CONNECTION WITH THE PROGRAM ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SONY AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither SONY nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through THE PROGRAM AND the WEBSITE or the content of any WEBSITES, Personal Social Media or other Internet or mobile resources linked to the WEBSITE and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the WEBSITE (or any parts thereof); (iii) any unauthorized access to or use of SONY's secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the WEBSITE; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the WEBSITE (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any WEBSITE content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the WEBSITE and/or otherwise through your or any other WEBSITE users' exercise of any rights under any of the Licenses granted by SONY herein. SONY reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the WEBSITE (including, without limitation any of the WEBSITE Services).

b.   Partner Guarantees and Representations. Sony shall not be liable or responsible for any guarantee, warranty and/or representation offered by Partners or third-party manufacturers of Products, and in furtherance thereof, in the event that a third-party manufacturer or supplier offers its own warranties, you agree to look solely to such manufacturer or supplier for any warranty related claims.

11. Limitation of Liability

a.   Member understands that (i) Sony and/or its Partners may place restrictions on the use of Products and services offered through the Program, and (ii) all Products and services offered by Partners through the Program 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.

b.   YOU UNDERSTAND THAT ANY LIABILITY THAT MAY ARISE FROM A PRODUCT(S) SHALL BE LIMITED TO THE PRICE PAID FOR SUCH PRODUCT(S). YOU ALSO UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL SONY OR ANY OF ITS AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, SUBSIDIARIES, EMPLOYEES, AGENTS, VENDORS, LICENSORS OR OTHER THIRD-PARTY PROVIDERS BE HELD LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHEHTER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE PROGRAM, THE WEBISTE, OR USE THEREOF.

c.   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.

d.   Member acknowledges and agrees that Sony neither endorses the contents of any electronic mail, Internet communications, physical mail or other communications in any media, to the extent that Sony has not been the author of such communications or mail, nor shall Sony be held responsible or liable for:

1. The accuracy of material contained in electronic mail, Internet, or other communications sent by third parties;

1. Any infringement of third-party intellectual property rights arising from the electronic mail, Internet, or other communications; or

1. Any fraud or other crime facilitated by the electronic mail, Internet or other communications of a third party.

e.   Sony Rewards is void where prohibited by law.

12. Indemnification

Member agrees to indemnify and hold harmless Sony and its parent, subsidiaries, affiliates and their respective officers, directors, employees, agents, vendors, licensors, suppliers, 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 (i) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in this Member Agreement; (ii) your violation of any person's intellectual property, privacy, publicity or other right; (iii) the violation of any applicable laws and/or this Member Agreement by you and/or anyone using your registered Account to access and/or otherwise use the Program or the Website (in whole or in part); or (iv) your willful misconduct or the willful misconduct of anyone accessing the Program or the Website through your registered Account, in connection with your (and/or such other person's) use of the Program or the Website (in whole or in part). Sony reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sony in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Program or the Website or the Program.

13.  Miscellaneous

a.   Controlling Law; Arbitration; Lawsuits. This 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. Any dispute arising under or in respect of this Member Agreement or your use of the Program or the Website 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. 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 the Program, the Website or this Member Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.

b.   Court Orders and Subpoenas. Sony will comply with all court orders and subpoenas and cooperate with investigations by local, state and federal agencies. Under these circumstances your Account information may be shared with others with or without such your knowledge or consent.

c.   Complete Agreement. This 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 the Program and the Website, superseding all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.

d.   Third-Party Terms. 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.

e.   Invalidity. If any provision of this Member Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, 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.

f.    Waiver. Sony's failure to insist upon strict performance of any provisions of this Member Agreement or to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of its right or remedies or the provision.

g.   Assignment. Sony may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member.

h.   Headings. All headings in this Member Agreement are for convenience only and have no legal effect.

1. 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 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.

14. Links

The provision by Sony of a link to any other Website or Internet location is for Member's convenience only and any inclusion of such links and frames on the Website does not signify Sony's endorsement of such other site or location or its contents. While the Program endeavors to provide links only to those sites that are reputable and safe, the Program 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.

15. Use and Storage

      Member acknowledges that Sony may establish general practices and limits concerning use of the Program, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the Program, 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 the Program 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 its sole discretion. Member further acknowledges that Sony reserves the right to change these general practices and limits at any time, in its 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 the Program.