Term of Use The My Sony program ("My Sony" or "Program") is owned and operated by Sony (Malaysia) Sdn. Bhd. (16202-H) ("Sony"). Ownership and/or operation of My Sony may from time to time be vested in or transferred to any of Sony's affiliates or third party providers. Sony (Malaysia) Sdn. Bhd maintains this site (the "Site") for your entertainment, information, education, and communication. Please feel free to browse the Site. All materials and content used or displayed on the site may not be copied, downloaded, posted, disseminated, transmitted or used in any way except for your own personal non-commercial use.
In particular, and without derogating from the above, if you are browsing this Site as an employee/agent/member of any business organisation, you may download material displayed on the Site only for non-commercial purposes within your business or organisation. This permission is specifically granted on your undertaking not to infringe any copyright, trademark and other intellectual property rights belonging to Sony, its affiliates and its third party content suppliers, and to otherwise comply with any copyright and other proprietary notices contained on the Site. Additionally, you may not distribute or transmit (except, within your business or organisation), modify, reuse, report, or use the contents of the Site for public or commercial purposes, including the texts, images, audio, and video without Sony's written permission.
Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. Please read this Member Agreement carefully before accessing or using My Sony. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions below. Sony may modify the terms and conditions in this Member Agreement at any time and from time to time without prior notice to you and you are to review the Member Agreement often to ascertain and familiarize yourself with such modifications. You become a member and an authorized user of My Sony (a "Member") upon your completion of the registration process and the approval of the same by Sony.
Terms and Conditions
1) Eligibility
a. Membership in My Sony is free or as otherwise specified upon registration into My Sony.
b. Membership in My Sony is limited to individuals only. Corporations or other business entities may not become Members.
c. My Sony is limited to one account per individual, even if an individual has multiple e-mail addresses.
d. Each Member must be 13 years of age or older to be eligible for My Sony.
e. Each Member must be a legal resident of Malaysia to be eligible for My Sony and to participate in its services .
f. Membership in My Sony or any other related membership benefits are not transferable and may not be combined or merged among other Member accounts, their estates, successors or assignees.
2)Member Registration Obligations
Registration Data. In consideration of the Member's use of My Sony, Member agrees to provide to Sony and its third-party partners true, accurate, current, and complete information about the Member as prompted by this Web Site'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, or otherwise fails to update the Registration Data, Sony may suspend or terminate Member's account immediately and may refuse Member all current or future use of My Sony or any part thereof.
3) Password & Account Access
a. Member's Password & Account Access Rights & Responsibilities
i. Member must give a Member identification name and password as part of the registration process. Sony reserves the right to reject any identification name or password which is submitted during the registration process
ii. In order to prevent unauthorized activity, Member must before accessing My Sony give My Sony the selected Member identification name and password in order to update Member profile information
iii. Member must be logged in to My Sony, using his/her Member identification name and password, to access his/her My Sony account.
iv. For security purposes, Member is advised to memorize, and not to write down, his/her Member identification name and password.
v. 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 his/her account, including without limitation, all activities authorized or unauthorized, lawful or unlawful, which utilize Member's e-mail address, identification name and/or password.
vi. Member shall (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 Web site or My Sony, and (b) ensure that Member exits from Member's account at the end of each session.
vii. Member agrees to abide by all applicable laws and regulations with respect to Member's account and the conduct thereof.
b. Sony's Password & Account Access Rights & Responsibilities i. Sony will encrypt Member's password on the database.
ii. Sony is entitled to act on instructions received under Member's identification name and password.
iii. 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.
iv. Each Member consents to My Sony 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, My Sony shall not disclose the existence or occurrence of such an investigation unless otherwise required by law.
Generally, only the Member named on the account will be entitled to access account information. However, My Sony may be required to disclose such account information in compliance with court orders including subpoenas and the requirements of government departments and agencies and competent regulatory authorities.
4) Participation in Partners Offers
Sony may from time to time permit third parties to provide information regarding their products and services, or offers, promotions and advertisement in respects of the same on the Site, and may provide links to third party sites offering products and services to Member. Such third parties shall for the purposes of these terms and conditions be referred to as "Partners"
a. Member's Participation in Partners Offers Rights & Responsibilities
i. Sony is not responsible in any way for any communications or dealing between the Member and such partners
ii For the avoidance of doubt, the policies, terms of use and other applicable terms and conditions of such Partners (and not the terms and conditions herein) apply to the Member's dealing or communication with and the Members' purchases from such Partners, and the Member is responsible for complying with the same
iii Member's participation in such Partners' offers or correspondence with Partners is solely a matter between Partners and Member concerned.
b. Sony's Participation in Partners Offers Rights & Responsibilities
i. Sony assumes no liability, obligation or responsibility for, and makes no warranty with respect to, the whole or any part of any offers, promotions or advertisements source by Partners.
ii. Sony assumes no liability, obligation, or responsibility for direct communication or correspondence between Member and Partners, including but not limited to:
1. Fulfilment and timeliness of delivery of Partners goods or services.
2. Security associated with credit card or other transactions initiated by Member with Partners.
3. Maintenance of privacy of any personal information given by Member to Partners.
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 Web site or via My Sony.
5) Sony Product Purchases
All Members product purchases are subject to the Terms and Conditions of Sales Contract as stated in www.Sonystyle.com.my.
6) Proprietary Rights to Content
a. Save as is otherwise expressly indicated to the contrary, the Site and its contents, including all texts, codes and images, are protected by trademark, copyright and other applicable law
b. Your use of the Site is at your risk. Sony makes no warranties or representations as to its accuracy and Sony specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither Sony nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
c. Sony does not warrant that access to the Site or any services rendered to facilitate the same will be uninterrupted or error-free
d. Features and specifications of products described or depicted on the Site are subject to change at any time without notice. Non-metric weights and measures are approximate. All monitor screens are measured diagonally; all monitor screen images contained in this database are simulated pictures unless otherwise indicated.
e. Sony does not warrant that its servers or the Site shall be completely secure from hacking, or any form of unauthorized access or modification, nor that the same shall be free from viruses, applets, Trojan horses or codes that may be harmful to your computer. Sony assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
f. Subject to our Privacy Policy, if you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Sony or its affiliates may use anything you transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Sony is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. Sony shall assume no responsibility and shall not be liable for any unauthorised or unlawful interception or modification of any communication between you and Sony (whether by electronic mail or otherwise), or for any loss or damage arising thereby (including but not limited to any loss or damage arising out of the unauthorised or fraudulent use of any information contained in or made accessible via such communication).
g. Materials displayed on the Site are either the property of, or used with permission by, Sony. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
h. The Site refers to products and/or services that are generally available for purchase in Malaysia but may not be available in your particular country or locality. The reference to any such products or services in this Site does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local Sony authorised representative for specific product/service availability in your locality.
i. Sony is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While Sony may provide links on this Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. Sony disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
j. Although Sony may from time to time monitor or review discussions, postings, transmissions, bulletin boards and the like on the Site, Sony is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. Sony will fully cooperate with any law enforcement authorities or court order requesting or directing Sony to disclose the identity of anyone posting such materials.
7) Termination
a. This Member Agreement, and your account, may be terminated as follows: i. By Member. Member may terminate membership in My Sony with or without cause at any time. Member's termination of My Sony is effective upon Member submitting the termination form on line.
ii. By Sony. Sony may terminate this Member Agreement, Member's password, account or use of My Sony, 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 end My Sony with four (4) months prior notice.
b. Effect of Termination. Upon termination by either Member or Sony:
i. 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 My Sony.
ii. Member's right to use My Sony ceases immediately.
c. Should Member object to any of the terms or conditions of this Member Agreement or any subsequent modifications thereto or become dissatisfied with My Sony, Member's only recourse is to:
1. Immediately discontinue use of My Sony, and
2. Properly terminate membership in My Sony
8) Privacy Policy
Click here to review My Sony's Privacy Policy
9) Modifications to Terms & Conditions
Sony may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page, by clicking the Terms and Conditions hyperlink at the bottom of the My Sony Web pages, to review the then current Terms and Conditions.
10) Limitation of Liability
a. Member understands that Sony and/or Partners may place restrictions on the use of goods and services offered through My Sony.
b. Member understands that all goods and services offered by Partners through My Sony 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.
c. Any liability that may arise in respect of any products or services ordered or requested by Member shall be limited to the price paid for such product(s) or service(s).
d. 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 resulting from:
i. The use or inability to use My Sony;
ii. The cost of procurement of substitute goods or services;
iii. Any transaction entered into or through My Sony;
iv. The reliance on or use of any information, goods, services or merchandise provided on My Sony;
v. Unauthorized access to or alteration of Member's transmissions or data;
vi. Statements or conduct of any third party including Partners;
vii. Any claim attributable to errors, omissions or other inaccuracies in My Sony and/or materials or information retrieved through My Sony;
viii. Any other matter relating to My Sony or this Member Agreement; or
ix. The purchase of Product(s) through My Sony.
e. 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.
f. 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:
i. The accuracy of material contained in electronic mail, Internet, or other communications ii. Any infringement of third-party intellectual property rights arising from the electronic mail, Internet, or other communications; or iii. Any fraud or other crime facilitated by the electronic mail, Internet, or other communications.
g. 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 My Sony, including changes or discontinuance of service from particular providers to My Sony.
h. My Sony shall not be available where prohibited by law.
11) Laws
These Terms and Conditions are to be governed by and construed in accordance with the law of Malaysia; without reference to its conflicts of law rules, you agree to submit to the exclusive jurisdiction of the courts in Malaysia
12) No Resale
Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Web site, My Sony, use of My Sony, access to My Sony, or any Product(s). My Sony is provided for Member's personal, noncommercial use only.
13) 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 My Sony 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).
14) Use and Storage
Member acknowledges that Sony may establish general practices and limits concerning use of My Sony, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by My Sony, 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 My Sony 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 My Sony.
15) Trademarks
The trademarks, including but not limited to, "My Sony", "SONY", "VAIO", "Trinitron", "Sony Style" and "Memory Stick" are trademarks of Sony and/or its affiliates. Any other trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or rights of use of any trademark displayed on the Site without the written permission of Sony or such third party owner. Windows is a registered trademark of Microsoft Corporation.
