TERMS OF SERVICE AND USER AGREEMENT
* Sony Entertainment Network accounts were also previously called PlayStation Network accounts. References to PlayStation Network accounts within Services should be deemed to be references to Sony Entertainment Network accounts.
Sony Entertainment Network is provided to you by Sony Network Entertainment Europe Limited (formerly known as PlayStation Network Europe Limited) of 10 Great Marlborough Street, London W1F 7LP, United Kingdom (Company Reg. no 6020283) ("we", "us", "our"). When we refer to "you" or "your" we mean the user of Sony Entertainment Network.
FOR YOUR OWN BENEFIT AND PROTECTION, PLEASE READ THESE CONDITIONS CAREFULLY AS WE WILL RELY UPON THEM. IF YOU HAVE ANY QUESTIONS ABOUT THESE CONDITIONS, PLEASE GO TO THE ABOUT US SECTION OF SONY ENTERTAINMENT NETWORK WEBSITES.
When you first create a Sony Entertainment Network account, you must indicate whether or not you agree to the conditions by clicking the "accept" or "do not accept" button at the bottom of these conditions. Accepting these conditions forms a legally binding contract between you and us. You will only be able to access Sony Entertainment Network if you accept these conditions. If you are under 18, you must ask your parent or legal guardian to read these conditions and to click to accept or not accept. By clicking the "accept" button, you are telling us that you are 18 years or older and you are accepting these conditions.
SONY ENTERTAINMENT NETWORK MAY NOT BE AVAILABLE, OR MAY NOT BE SUPPORTED, IN SOME COUNTRIES AND SOME LANGUAGES. See www.eu.playstation.com/legal and www.sonyentertainmentnetwork.com for further details.
1. SONY ENTERTAINMENT NETWORK ACCOUNT REGISTRATION AND CHILDREN
You must create a Sony Entertainment Network account to participate in Sony Entertainment Network. All the information you give us during this account registration must be truthful and accurate. All service emails relating to your Sony Entertainment Network account will be sent to the email address associated with your account. We may refuse a request for registration at our discretion. You will not be charged for creating a Sony Entertainment Network account but you may be charged for Services you access through Sony Entertainment Network.
You must keep your password and other account details secret (other than your Online ID), and not share them with anyone else, to prevent unauthorised use of your Sony Entertainment Network account. If you share account details with someone who uses your account in breach of these Conditions or we believe that your account has been compromised, your account and/or access to Sony Entertainment Network may be suspended or terminated. We are not liable for any unauthorised use or sharing of your Sony Entertainment Network account.
There are two types of Sony Entertainment Network accounts: Master Accounts and Sub Accounts. You must be 18 years or older to create and hold a Master Account. Sub Accounts are for children from ages 7 to 17. Each Master Account holder can create up to six (6) associated Sub Accounts for children to whom they are parent or legal guardian. There is a limit on the total number of accounts which can be created on a system – see your system manual for more information.
The Master Account holder is responsible for all activity on its Sub Accounts, including all purchases and online conduct of the Sub Account holder. The Master Account holder must ensure that all Sub Account holders understand these Conditions, and any changes to these Conditions, and know what they can and cannot do through Sony Entertainment Network. Deletion or suspension of a Master Account will automatically result in the deletion or suspension of all associated Sub Accounts.
The Master Account has access to information about the Sub Account’s activity on Sony Entertainment Network, including all transactions and communications. Correspondence from us about a Sub Account’s purchases from Sony Entertainment Network will also be sent to the associated Master Account holder.
Your Online ID, and any Online ID you create for a Sub-Account, will be publicly available to all users of Sony Entertainment Network. Your child may receive communications from other Sony Entertainment Network users, which will not be copied to you. Some Services may contain explicit language or content and may not be appropriate for children under a certain age. Children may not be able to access Services (including, but not limited to, online game-play) via Sony Entertainment Network rated higher than their registered age; however, not everything is rated. Once content is downloaded, it may be accessed by children who are under the rated age. It is your responsibility to supervise your child’s access to or use of Sony Entertainment Network, including, but not limited to, any communications sent or received by your child through Sony Entertainment Network and to check any ratings or descriptions where relevant. Please see www.eu.playstation.com/legal and www.sonyentertainmentnetwork.com for more information about parental control tools for Sony Entertainment Network and your Sony Systems.
2. COMMUNITY CODE OF CONDUCT
Whenever you participate in online communities via, or in connection with, Sony Entertainment Network (including forums, games and social networks), you must act reasonably and with common sense; respect the rights and privacy of other members of the communities; and follow any particular rules applying to those communities. You must not do, attempt or threaten to do, any of the actions set out below. Breach of these Conditions may result in suspension or termination of your account and/or access to Sony Entertainment Network.
- You must not stalk, bully or otherwise abuse or harass other users or our staff or invade their privacy.
- You must not take any action, or upload, post, stream, share or otherwise transmit any content, language, images or sounds, in any forum, communication, public profile, Online ID, clan name or otherwise via, or in connection with, Sony Entertainment Network which is defamatory, which compromises the privacy or security of yourself or others, or which we in our sole discretion find abusive, offensive or vulgar. This includes any action, content, language, image or sound that is racially, ethnically, sexually or religiously demeaning or offensive; defamatory, threatening or discriminatory; sexually explicit; illegal; or uses or promotes hate speech, violent behaviour or illegal substances.
- You must not cheat or engage in deceptive, fraudulent or misleading practices.
- You must not phish for or harvest other users’ account details or use or share another person’s account, payment card or billing information.
- You must not scrape, copy, aggregate, redistribute or re-use for any purpose any information accessed via, or in connection with, Sony Entertainment Network, whether relating to a particular user or not.
- You must not use any unauthorised hardware or software to access or use Sony Entertainment Network or make, or distribute unauthorised software or hardware via, or in connection with, Sony Entertainment Network (including but not limited to cheat code software or devices that circumvent any security features or limitations included on any software or devices).
- You must not modify or attempt to modify the online client, disc, save file, server, client-server communication, or other part of any Service or cause disruption to any account, system, hardware, software, or network connected to Sony Entertainment Network for any reason, including to gain an unfair advantage in any Service.
- You must not bypass or attempt to bypass any user authentication systems or security feature or attempt to hack or reverse engineer any code or equipment in connection with Sony Entertainment Network or any Service (unless permitted by applicable law).
- You must not take any action that we consider to be disruptive to Sony Entertainment Network or to the normal flow of chat, gameplay or other Services, including uploading, posting, streaming or otherwise transmitting unsolicited or unauthorised material, including, but not limited to, junk mails, spam, excessive messages or chain letters.
- You must not use Sony Entertainment Network or any Service in any way for commercial purposes, unless expressly authorised by us (including without limitation introducing commercial content or services such as advertisements, solicitations, promotions of goods and services or links to web sites).
- You must not introduce content or communications that could be harmful to us, our licensors or other users, such as any virus, worm, spyware, time bomb or other code that may damage any property or interfere with the use of Sony Entertainment Network or any Service or otherwise misuse Sony Entertainment Network.
- You must not access, use, post, stream, transmit or distribute any content or material that you know or should have known to be pirated or which infringes copyright, trade marks or other third party rights, any law or regulation, or contractual or fiduciary duty.
- You must not impersonate any other person (famous or otherwise), including another user, our employee(s) or employee(s) of any third party company.
- You must not provide us or any third party company with false or inaccurate information, including reporting false complaints to our customer services or providing false or inaccurate information during account registration.
- You must not engage in any activity to gain access to or interfere with any account, system, hardware, software, Service or network connected to Sony Entertainment Network.
- You must not sell, buy, trade or otherwise transfer your Online ID, your personal access to Sony Entertainment Network or any Services accessed via, or in connection with, Sony Entertainment Network, through any means or method, including via web auction sites.
- You must not do anything illegal or in breach of applicable laws or incite or endorse any illegal activity.
- You must not do anything that harms us or any of our affiliates, licensors, service providers, partners, employees, moderators or users or is a breach of the terms of any other agreement between us, our affiliates, licensors, service providers or partners and you.
We and third parties may provide functionality allowing you to recommend your favourite Services to your friends via PSN. Only send recommendations to friends who you know want to receive them and whose age is appropriate for the Service you are recommending. If you receive unwanted messages, ask the sender to stop. If they do not, you can add that person to your block list. You can also control who you receive messages from by changing your Privacy Settings via Account Management. See your system manual for more information.
3. SERVICES ASSOCIATED WITH SONY ENTERTAINMENT NETWORK
Some Services which we provide through or in connection with Sony Entertainment Network, the PlayStation Store or the SEN branded store may have specific additional conditions ("Additional Conditions"), for example, specific rules for certain games and usage or access rights for Services. Please read these carefully as these Additional Conditions will also form part of your contract with us and may change from time to time. In the event of any conflict between these Conditions and the Additional Conditions, the Conditions will prevail. These Conditions and Additional Conditions apply in addition and without prejudice to any terms and conditions relating to any disc-based product used in conjunction with Sony Entertainment Network.
While using or logged into Sony Entertainment Network, you may access Services provided by third parties for which we are not responsible (including Services which, if enabled, may use your location data), for example: online services for game titles published by third parties, or third party services such as Personal Space. Your access to third party Services may be subject to third party terms and conditions and privacy policies which you should read and understand before you access those Services. Any complaints about those Services should be made to the third party provider. All Services purchased through the stores provided by Sony Entertainment Network, including the PlayStation Store, and the SEN branded store are sold to you by us, including where you access the PlayStation Store, or SEN branded store via a third party game or website.
Use of the Sony Entertainment Network requires broadband or wireless internet connection or 3G (depending on your Sony System). We are not responsible for your internet connection strength or availability. You are responsible for all associated connection charges and any roaming fees. When downloading content from the PlayStation Store to your 3G compatible PS Vita, you will need a wireless internet connection for files exceeding 20MB.
GPS Services for PS Vita are only available to users with 3G, which may only be available on applicable PS Vita models (see your Sony System box for further details). Some location based Services available via PS Vita require 3G for optimum use.
From some countries, you can buy Services from the PlayStation Store, its associated in-game stores or the SEN branded store by using funds from a Sony Entertainment Network wallet associated with your Sony Entertainment Network account. You can buy funds for your Sony Entertainment Network wallet using payment methods approved by us from time to time in your country. We will notify you of the minimum amount which can be added in any one transaction and the maximum amount which can be held in your Sony Entertainment Network wallet. You can check the funds in your Sony Entertainment Network wallet at any time by going to the Sony Entertainment Network Account Management area. If you do not have sufficient wallet funds to complete a purchase and your payment method is registered with us, we will use your registered payment method to automatically fund your wallet with the minimum amount required to complete your purchase (or the minimum transaction amount, if greater).
Wallet funds have no value outside Sony Entertainment Network and are not redeemable for cash. Wallet funds can only be used to buy Services sold by us. Sony Entertainment Network wallet funds are not your personal property and cannot be transferred to any other person. Please understand that the Sony Entertainment Network wallet is not a bank account and we are not operating as a bank. You will not be entitled to a refund for any unused funds, except where expressly provided by these Conditions or by applicable law.
Only Master Accounts can have a Sony Entertainment Network wallet. The Master Account can allow its Sub Account to use funds out of the Master Account wallet up to a maximum spending limit set by the Master Account. Any spending limit set by the Master Account holder will take immediate effect. Wallet funds must be used within 24 months of purchase.
5. CARDS AND VOUCHERS
In some countries, you can purchase a prepaid PlayStation Network or Sony Entertainment Network card to fund your Sony Entertainment Network wallet or a PlayStation Network or Sony Entertainment Network voucher which entitles you to specific Services on redemption. Purchase and use of prepaid cards and vouchers is subject to the restrictions set out on the cards or vouchers and the Terms and Conditions available at http://eu.playstation.com/legal or www.sonyentertainmentnetwork.com as appropriate.
Unless otherwise expressly stated, prepaid cards and vouchers may only be used on a single account and may not be transferred or sold to any other person. Subject to applicable law, prepaid cards and vouchers cannot be redeemed or exchanged for cash or credit.
When you choose to fund your Sony Entertainment Network wallet, select Services which you want to buy or pre-order using your Sony Entertainment Network wallet, choose to redeem your PlayStation Network or Sony Entertainment Network voucher to access specific Services, or choose to access free trials of subscription Services you place an order with us. We reserve the right to reject your order for any reason. If we accept your order, you will receive email confirmation of your order, at which time a contract is formed between you and us on the terms set out in these Conditions and/or any Additional Conditions. If you place a pre-order, you will receive an initial confirmation by email that we have received your pre-order. If we accept your pre-order you will receive a subsequent email confirming that funds have been taken from your wallet, at which time a contract is formed between you and us on the terms set out in these Conditions and/or any Additional Conditions. If we reject your order made using your Sony Entertainment Network wallet, any sums deducted from your Sony Entertainment Network wallet will be refunded to your Sony Entertainment Network wallet. If we reject your order made by redeeming your PlayStation Network or Sony Entertainment Network voucher, the value of that voucher will be refunded to your Sony Entertainment Network wallet.
By placing an order through your Master Account using your Sony Entertainment Network wallet (or allowing an order to be placed through your Sub Accounts), you: (i) agree to pay for all orders placed by the Master Account and associated Sub Accounts; (ii) authorise us to deduct the price of your purchase from your Sony Entertainment Network wallet; and (iii) agree that these Conditions and any relevant Additional Conditions will apply to that purchase.
By placing an order by redeeming a PlayStation Network or Sony Entertainment Network voucher, you agree that these Conditions and any relevant Additional Conditions will apply to that purchase.
Some Service descriptions may not be displayed in your chosen account language. Only place an order for these Services if you understand and accept the information displayed in the description.
You expressly agree that we may make Sony Entertainment Network wallet funds and Services (other than Services made available for pre-order) available to you immediately after we have accepted your order. As a result, subject to applicable law, you will have no right to cancel or to a "cooling off period" for your purchase of Sony Entertainment Network wallet funds or Services. Your purchase of Sony Entertainment Network wallet funds is complete as soon as we make those funds available to you.
If you place a pre-order for a Service, you will be notified of the expected Download Date, Release Date and Payment Date when you place the pre-order. Your wallet will not be charged until the Payment Date and you will not be able to access the Service until the Release Date, although you may be able to download it from the Download Date.
You may cancel your pre-order via Account Management up to (but not including) the date that payment is taken from your wallet. Once payment has been taken from your wallet, you may cancel your pre-order up to (but not including) the Release Date and will receive a refund of the purchase price to your wallet. You are not entitled to cancel your pre-order on or after the Release Date. To request a cancellation, contact your local customer service centre. Refunds may not be processed until after the Release Date. If you request a cancellation and subsequently access the Service, you will be deemed to have revoked your cancellation request and no refund will be provided. If you cancel a pre-order, you will no longer be entitled to any promotional or bonus Services offered with the pre-order.
All purchases are made in the currency displayed in the relevant pricing information. Prices, promotions and Services, including the content of certain Services, are subject to change or withdrawal at any time. No refund is payable if prices are reduced after purchase. Services may be available on the PlayStation Store, its associated in-game stores or the SEN branded store at different prices for subscribers and non-subscribers. No refund is payable if a subscriber purchases Services at the higher price applicable to non-subscribers. Special prices or promotions are no longer valid once changed on or removed from Sony Entertainment Network.
Prices shown are inclusive of any applicable indirect taxes. This does not include import VAT and duties. Where indirect taxes do not apply, no indirect taxes will be charged. Prices do not include any additional charges made by banks or card issuers.
You can place orders with us only if you are resident in certain countries and your order may be rejected if information indicates you are not a resident of one of these countries. Your country of residence and other card details may be verified by us sending a request to your card issuer for a minimum transaction. This verification transaction will expire automatically but may appear temporarily on your card statement before expiry.
We will send an email confirmation for each transaction to the last email address you have provided to us. All email confirmations for Sub Account transactions will be sent to the Sub Account and the associated Master Account. You can view the transaction history for your account and any associated Sub Accounts in the Sony Entertainment Network Account Management area.
After sending confirmation, Services will be made available to you through your Sony Entertainment Network account. You are solely responsible for the download, storage and safekeeping of your purchases. We do not guarantee to provide you with replacements if your purchases are lost or damaged due to file corruption, hard drive crash or for any other reason and any facility which we provide for re-download for certain Services may be withdrawn at our discretion.
If you purchase a Service from the PlayStation Store via an Android application on a Portable Device, that application must remain on your Portable Device to allow you to use the relevant Service.
If you purchase a Service from PlayStation®Mobile via a PlayStation-Certified mobile device, you will be able to download that application on up to three compatible activated PlayStation-Certified mobile devices.
We will try to ensure that prices, ratings and descriptions shown on Sony Entertainment Network are accurate but errors may occur. We will try to correct any errors as soon as these come to our attention. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be cancelled and the purchase price refunded to your wallet. To the extent permitted by applicable law, we exclude all liability to you for errors made in product descriptions.
7. PROMOTION CODES
From time to time, we may issue special promotion codes which can be used to access Services. Separate terms and conditions apply to promotion codes which are available at http://eu.playstation.com/legal or www.sonyentertainmentnetwork.com, as appropriate. Promotion codes may be offered by us, by one of our affiliated companies or as part of a third party promotion. If part of a third party promotion, they will also be subject to the promoter’s specific terms and conditions. Unless otherwise expressly stated, promotion codes may only be used on a single account and may not be transferred or sold to any other person. Subject to applicable law, promotion codes cannot be redeemed or exchanged for cash or credit.
8. YOUR RIGHTS TO SERVICES
All Services provided through Sony Entertainment Network, are licensed non-exclusively to you solely for your personal, private, non-commercial use subject to these Conditions and any relevant Additional Conditions. The Services may be used only on a limited number of activated Sony Systems associated with your Sony Entertainment Network account, as specified in the Service description, these Conditions or any relevant Additional Conditions.
All intellectual property rights in Sony Entertainment Network and the Services belong to us and/or our licensors. All use of or access to Sony Entertainment Network and the Services is subject to these Conditions, any relevant Additional Conditions and all applicable laws.
Unless expressly authorised by us, you must not:
- share, sell, transfer, rent or sublicense any Service or part of any Service to anyone else; or
- modify, adapt, translate, reverse engineer, decompile, or disassemble any Service or part of any Service (unless permitted by applicable law); or
- create any derivative works, attempt to create the source code from the object code, or download a Service or any part of any Service for any purpose not authorised by us; or
- copy, reproduce, communicate to the public or transmit, use for public performance or exploit any Service or part of any Service.
Services are subject to digital rights management technologies ("DRM") that are designed to control the manner in which you consume and use the Services. We are able to offer the Services to you at the price specified only on the basis that they are managed by the DRM. The Service description displayed at the time of purchase will specify the DRM applied to that Service. In that description, HOME CONSOLE means a PS3 and PORTABLE CONSOLE means a PSP, a PS Vita or a PS Mobile device. Proper activation of the relevant Sony System by the Sony Entertainment Network account that purchased the Service may be required to access and use certain Services or parts of Services. If you delete the account that purchased the Service or deactivate the relevant Sony System, you may lose the right to access and use the Service. We reserve the right to limit the number of times that a Sony System may be activated or deactivated.
Except as expressly granted in these Conditions, we and our licensors reserve all rights, interests and remedies in connection with the Services. All other company, product, and service names on Sony Entertainment Network are trade names, trade marks or registered trade marks of their respective owners.
9. VIDEO SERVICES
Subject to these Conditions (including Clause 8 above), certain DRM rules, and any Additional Conditions, we may license digitalised audio visual Services, including television shows and movies, ("Videos") to you for viewing on a limited number of Sony Systems. Videos may be available via streaming or download, depending on the Sony System. Some Sony Systems may only support either streaming or download. You may rent Videos for a limited duration ("Video Rentals") or purchase Videos for viewing an unlimited number of times ("Video Purchases"). You may not be able to access or view your Video Rentals or Video Purchases if you are not located in your country of registration.
9.1 Video Rentals:
Subject to the terms below, you may start to view one copy of your Video Rentals only on one of your Sony Systems during the applicable Access Period and you may only view that Video Rental during the applicable Viewing Period. Both the Access Period and the Viewing Period will be specified at the time of rental. Be sure to read all such terms carefully before completing or confirming any rental. The Access Period is a limited number of days from the date of your rental. If you have not started playback during the Access Period, then you will no longer be able to view the Video Rental. The Viewing Period starts to run from the time you first playback the Video Rental within the Access Period and will be no more than 48 hours long. Playback is permitted until the end of the Access Period or the Viewing Period, whichever is earlier.
Subject to the rules set out below, you may select which Sony System you want to use to view your Video Rental:
- You may only view high definition Video Rentals on one PS3 or other Sony System that supports streaming and may not move them to any other Sony System.
- If you start to playback a standard definition Video Rental via streaming, you may not move that Video Rental to any other Sony System.
- If you download a Video Rental, you may no longer playback that Video Rental via streaming.
- If you start to playback a standard definition Video Rental via download you may, during the Access Period, move that Video Rental to a limited number of Sony Systems, as described below:
- If you download the Video Rental to your PS3, you can move that Video Rental during the Access Period to up to three of your PSPs or PS Vitas. Following this move, the Video Rental will no longer be available on the original PS3.
- If you download the Video Rental to your personal computer, you can move that Video Rental during the Access Period to up to three of your PSPs, mobile telephones or tablets. Following this move, the Video Rental will no longer be available on the personal computer.
- If you download the Video Rental to your PSP, you may move that Video Rental during the Access Period to one of your PS3s or up to two of your personal computers. Following this move, the Video Rental will no longer be available on the original PSP.
- If you download the Video Rental to your mobile telephone or tablet, you may move that Video Rental during the Access Period to up to two of your personal computers. Following this move, the Video Rental will no longer be available on the original mobile telephone or tablet.
- If you download the Video Rental to your PS Vita, you may move that Video Rental during the Access Period to one of your PS3s.
9.2 Video Purchases:
You may view your Video Purchases an unlimited number of times on your Sony Systems that support downloads, subject to the following:
- You may view standard definition Video Purchases that were downloaded to your PS3 on that system and you may copy and move those Video Purchases for viewing on up to three of your PSPs or PS Vitas. Following this move, the Video Purchase may still be available on the original PS3.
- You may view standard definition Video Purchases that were downloaded to your personal computer on that system and you may copy and move those Video Purchases for viewing on up to three of your PSPs, mobile telephones or tablets. Following this move, the Video Purchase may still be available on the original personal computer.
- You may view standard definition Video Purchases that were downloaded to your PSP on that system and you may copy and move those Video Purchases for viewing on one of your PS3s or up to two of your personal computers. Following this move, the Video Purchase may still be available on the original PSP.
- You may view standard definition Video Purchases that were downloaded to your mobile telephone or tablet on that system, and you may copy and move those Video Purchases for viewing on up to two of your personal computers. Following this move, the Video Purchase may still be available on the original mobile telephone or tablet.
- You may view standard definition Video Purchases that were downloaded to your PS Vita on that system, and you may copy and move those Video Purchases for viewing on one of your PS3s. Following this move, the Video Purchase may still be available on the original PS Vita.
- You may only download high definition Video Purchases directly to your PS3, and you may only view your high definition Video Purchase on that PS3. You may not copy or move your high definition Video Purchase to any other of your Sony Systems.
Videos may not be transferred from one Sony Entertainment Network account to another. Proper activation of your Sony System by your Sony Entertainment Network account that purchased or rented the Video is required for all downloads, transfers, copies and viewings. Video Purchases or Video Rentals are connected to the purchasing Sony Entertainment Network account and any one Sony Entertainment Network account can activate no more than the maximum number of Sony Systems stated in these Conditions or in any Additional Conditions provided for the particular Video during purchase or rental. Making multiple rentals or purchases of the same Videos will not increase that limit. Downloading will be not permitted outside the licensed term. Once the Video has been downloaded from Sony Entertainment Network, you will not be able to download it again for any reason without further payment.
Some Videos, such as movie trailers, may not be representative of the actual feature presentation. Digitalised versions of some Videos may not be identical with the original formatted item or previously released versions of the same titled item. Videos will play on displays ranging from standard definition to 1080p, depending on the Video. Video output in certain formats may require additional equipment, sold separately.
You will require MediaGo software version 1.4 or above to view Videos on an activated personal computer.
Prior to purchase, you must ensure that you have sufficient network capacity to stream or download your chosen Video Rentals or Video Purchases. We do not accept liability for any difficulties in viewing Video Rentals or Video Purchases caused by insufficient network capacity.
10. SUBSCRIPTION SERVICES
Subject to availability, you may be able to buy a subscription Service for a period of online game play, access to music or other services or activities. Subscriptions last for a fixed period of time specified on purchase, for example, seven days, ninety days or one year ("the Subscription Period"). A one year Subscription Period will last for 365 days. The Subscription Period will vary for different services and will be explained to you before you purchase the subscription.
Only the account that buys a subscription can use that subscription. You must not share your subscription with another account or account holder (not even with your associated Master Account or Sub Accounts).
Provided (i) you have enough funds in your wallet or (ii) Automatic Funding (see below) is set to "On" and your payment method is registered with us, your subscription will renew automatically at the end of the Subscription Period, unless you cancel this renewal prior to the renewal date via Sony Entertainment Network Account Management or there is an increase in the subscription charge. You can view the end date of your current subscriptions in Sony Entertainment Network Account Management.
When you purchase a subscription using a Master Account, Automatic Funding for that Master Account will automatically be set to "On". Automatic Funding is not available for Sub-Accounts. If, on the renewal date Automatic Funding is set to "On", your payment method is registered with us and your wallet does not have enough funds to cover the subscription charge, your wallet will be funded automatically from your registered payment method with the greater of the minimum top-up amount or the renewal cost. Funds added to the wallet are non-refundable. You can switch Automatic Funding to "Off" at any time after purchase via Sony Entertainment Network Account Management. Some payment methods may not allow Automatic Funding.
If you purchase a subscription using a voucher code, Automatic Funding may not be set to "On". We recommend that you set Automatic Funding to "On" via Sony Entertainment Network Account Management and ensure your registered payment method details are accurate so that your subscription does not automatically expire at the end of the Subscription Period.
Whilst you are subscribed to a Service, you may be able to purchase additional Subscription Periods for the same Service. If you do so, the additional Subscription Periods will take effect immediately at the end of your current Subscription Period.
Unless otherwise stated below, if you cancel a subscription, cancellation will take effect from the end of the current Subscription Period,. You can continue to use the relevant Service until cancellation takes effect and will not receive any refund of subscription charges already paid*, **. After cancellation, you may no longer be able to access or use any Services downloaded during your Subscription Period or any additional items related to those Services.
*For consumers subject to German law only: you may cancel your subscription within 14 days of the date of purchase to take effect before the end of the current Subscription Period. To exercise this right, email firstname.lastname@example.org (for PSN subscriptions) or email@example.com (for SEN subscriptions) within the 14 day period, stating that you wish to cancel your subscription. If you cancel your subscription during this period, we reserve the right to reduce the value of any refund by the value of any Services that you have accessed before cancellation takes effect. Any refund will be provided to your Sony Entertainment Network wallet.
**For consumers subject to Dutch law only: if you have a subscription which has renewed into a second or subsequent Subscription Period, you may cancel that subscription to take effect before the end of the current Subscription Period by emailing firstname.lastname@example.org (for PSN subscriptions) or email@example.com (for SEN subscriptions), stating that you wish to cancel your subscription. We reserve the right to reduce the value of any refund by the value of any Services that you have accessed before cancellation takes effect. Any refund will be provided to your Sony Entertainment Network wallet.
Subscription charges may be increased at the end of each Subscription Period. If charges are increased, you will be informed and asked to confirm whether you want the subscription to continue.
Specific information about individual subscription Services is set out below:
When you purchase a subscription to PlayStation Plus you will have access to a package of Services ("PlayStation Plus Elements") which will vary throughout your Subscription Period. Some PlayStation Plus Elements will only operate on PS3. Some PlayStation Plus Elements may not be supported in some languages.
Some PlayStation Plus Elements may be made available for download during limited periods only. If you do not access these PlayStation Plus Elements during those periods, you may not have another opportunity. Unless otherwise notified at the time of download, your ongoing rights to access and use PlayStation Plus Elements after your Subscription Period expires are as set out below:
Type 1. You will still be able to access and use the following PlayStation Plus Elements after your Subscription Period expires, provided that you downloaded them before expiry:
- Premium avatars
- Premium themes
- Game add-ons
Type 2. You will no longer be able to access and use the following PlayStation Plus Elements after your Subscription Period expires, even if you downloaded them before expiry:
- PlayStation Network games
- PS one® games
- Premium game elements
If you do not renew your subscription immediately at the end of each Subscription Period, but later renew your subscription, you may lose your rights to access any Type 2 PlayStation Plus Elements.
PlayStation Plus Elements may also be available for non-subscribers to purchase from the PlayStation Store.
The following PlayStation Plus Elements are only available for subscribers to access and use during the Subscription Period. Additional terms relating to individual PlayStation Plus Elements are set out below:
You can choose to activate automatic update on your PS3 via System Settings on the XMB. This feature can only be activated or deactivated by one SEN account per PS3 and the setting will then apply to all SEN accounts registered to that system. Each SEN account may only activate this feature on one PS3 at a time.
When automatic update is activated on your syetem, provided that the system is on stand-by and connected to the internet, the system will be automatically activated approximately every 48 hours during a time period set by you. During that period, various Services such as system software, game patches and game demos may be automatically downloaded to the system ("Automatically Downloaded Material"). Your trophies may also automatically sync with the server and, if you have opted-in, your game saves may automatically be uploaded to online storage.
Any system software updates made available as Automatically Downloaded Material will not be installed until you have accepted the relevant terms for that system software. Game patches will be based on the games most recently played on your console. There may be a limit on the number of automatically downloaded game demos available per system at any time. Once this limit is reached, un-accessed game demos may be deleted to make room for new game demos during each subsequent automatic update. Automatically Downloaded Material which has not been accessed within one month of download may be automatically deleted from your system.
Automatically Downloaded Material may not be downloaded if the remaining disk space on your system is less than 5GB, your system is already switched on at the time you have chosen for the automatic update or the system software is not the most recent release.
Automatic update does not affect your rights and obligations set out in Clause 10.
From time to time, during your Subscription Period, you will be offered discounted prices on certain PlayStation Store Services. Rights to those Services will be specified in the product description at the time of purchase.
Early access to new releases
From time to time, during your Subscription Period, you may have the chance to purchase new releases on the PlayStation Store before they become available to non-subscribers.
Full game trial
From time to time, during your Subscription Period you may be offered the opportunity to download full versions of games to play on a free trial basis. The length of the trial will be specified in the product description. You must be connected to the PSN when the game is booted for the first time. The trial period will run from first boot. During the trial period, save files will be created and trophies can be unlocked, but will not be uploaded to the server. If you later purchase the game, your saved files and trophies will be applied.
Priority access to beta game titles
From time to time, during your Subscription Period, you may be offered priority access to beta game titles. Participation in beta trials is not guaranteed, and will be subject to Additional Conditions.
During your Subscription Period, you may be able to upload game saves from the XMB to be stored in a remote server and to download those game saves to the same PS3 or another PS3 that you log on to using your account. If you have automatic update enabled on your system (see above) you may be able to choose to have your game saves automatically uploaded to online storage. You may download games that are not copy protected an unlimited number of times. You may only download copy protected games once every 24 hours. At any one time, your total game save data in the online storage must not exceed 150mb. If you do not renew your PlayStation Plus subscription immediately at the end of each Subscription Period, but later renew your subscription within six months, you will be able to access game saves that you uploaded to the remote server during your earlier Subscription Period.
b) Music Unlimited
You may purchase subscriptions, including free trial subscriptions, to Music Unlimited (the "Music Service") if you hold a Sony Entertainment Network Master Account with registered payment method details. Free trial subscriptions are subject to the terms of this Agreement and any Additional Conditions and, unless cancelled by you prior to the end of the initial Subscription Period, the free trial subscription will automatically renew into a paid subscription. It may be possible to upgrade your subscription, subject to payment of any applicable subscription fees. If you upgrade your subscription during a Subscription Period, you will not receive a refund for any unused portion of your subscription. Upgrades will take effect immediately.
You must activate each Sony System prior to using it to access the Music Service for the first time. You may only playback the Music Service from one Sony System at a time, using your Sony Entertainment Network account that purchased the subscription. Repeated breach of this requirement may result in your Sony System being temporarily de-activated from the Music Service. Please note that not all Sony Systems may have access to the same features.
11. MAINTENANCE AND UPGRADES
From time to time, we may want to provide you with new Services to ensure that Sony Entertainment Network or your PS3, Portable Device or other Sony Systems are functioning properly in accordance with our guidelines. Any such Services may be downloaded automatically and without further notice when you sign into Sony Entertainment Network, and may include automatic updates or upgrades which may change your current operating system and could cause loss of data or content, or loss of function or utility. Such upgrades or updates may be provided for system software for your PS3, Portable Device or other Sony System. Access to or use of any system software is subject to terms and conditions of a separate end user licence agreement. Data and content may also be lost during maintenance or repair of your equipment. You must archive your personal photo, music and video content regularly to prevent such loss of data. You hereby authorise us to provide such Services and agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility.
In addition, you may be able to set your PS3 or other Sony System to download new Services from Sony Entertainment Network automatically without further notice to you when you sign into Sony Entertainment Network. These Conditions shall apply to any such content.
12. USER MATERIAL
You may have the opportunity to post, stream or transmit pictures, photographs, game-related materials, music, home video content or other information through or in connection with Sony Entertainment Network to share with others ("User Material"). We, or our affiliated companies, may provide you with material ("Material") to use in the creation of User Material. User Material created by you will belong to you, although any Material will still belong to us, our affiliated companies and/or our licensors as explained in Section 8 above.
You authorise us, our affiliated companies and other Sony Entertainment Network users, to use, distribute, copy, modify, display, and publish your User Material and Online ID throughout Sony Entertainment Network and other associated services, including websites relating to the Service in which you upload the User Material. You also authorise us and our affiliated companies, without payment to you, to license, sell and otherwise commercially exploit your User Material (for example, selling subscriptions to access User Material and/or receiving advertising revenue related to User Material), and to use your User Material in the promotion of Sony Entertainment Network products and Services and PlayStation and SEN devices. You must not commercially exploit User Material without our consent. You waive any moral rights you may have in your User Material. By posting, streaming or transmitting User Material you represent and warrant that you have all rights necessary to use, post, stream and transmit such User Material and to grant the rights set out in this paragraph.
You agree to cooperate with us and our affiliates and subsidiaries in resolving any dispute that may arise from your User Material. We reserve the right to refuse to upload and/or to remove and/or delete any User Material at our discretion, and you expressly agree that we may do so.
If we believe that you or a Sub Account for which you are liable are in breach of any of these Conditions or any other terms of service or agreements connected with Sony Entertainment Network or other services provided by us or our affiliates (including any Additional Conditions) or we believe that your account has been compromised, we may take all actions to protect our interests as we believe are reasonable in the circumstances, including terminating or suspending your account and/or disabling access from your Sony System to all or any part of Sony Entertainment Network. If we disable your Master Account from accessing the Sony Entertainment Network, any associated Sub-Accounts will also be disabled automatically. This may include disabling access to services and online game features provided by us or third parties, removing Services or amending Services, implementing upgrades or devices intended to discontinue unauthorised use, or such other steps as are reasonably necessary to protect ourselves, our affiliates, third parties or other users, and to prevent the unauthorised use or exploitation of Sony Entertainment Network. Unless otherwise required by applicable law, we will not refund the cost of any purchased Services, or redeem any unused Sony Entertainment Network wallet funds, on termination or suspension of your account or disabling of your Sony System for these reasons. However, we reserve the right (but have no obligation) to cancel your subscriptions with immediate effect, in which case we would not deduct further payments. If your account is terminated or suspended under these circumstances and you want to ensure your subscriptions are not renewed, please contact customer services.
We reserve the right to bring legal action against you if you are in breach of these Conditions and to participate in any government, criminal or private legal action or investigation relating to your conduct on Sony Entertainment Network.
We reserve the right to temporarily or permanently discontinue all or part of the Sony Entertainment Network and any and all Services available through Sony Entertainment Network at any time, including for service maintenance and upgrades. If the whole of the Sony Entertainment Network is permanently discontinued, Master Account holders will be able to obtain a refund on request for unused wallet funds and unused portions of subscriptions. Subject to applicable law, we reserve the right to cancel your account if it has not been used for 18 months.
You may close your account by contacting us (see About Us section for details). Unless otherwise expressly provided by applicable law, you will not be entitled to a refund of unused wallet funds upon cancellation.
14. CHANGES TO THESE CONDITIONS
We may make changes to these Conditions from time to time. You will be notified of material changes by a posting as you sign in to Sony Entertainment Network, by PSN message or by email to your current email address as registered on your Sony Entertainment Network account. To access a printable, current copy of these Conditions, go to http://eu.playstation.com/legal or www.sonyentertainmentnetwork.com. Please check regularly to ensure that you are aware of any changes. Your continued use of Sony Entertainment Network (via a Master Account or Sub Account) after any changes signifies acceptance of these changes by you and any Sub Account holders. If you do not accept changes to these Conditions you must stop using Sony Entertainment Network. If you are a Master Account holder and there are funds in your wallet prior to your refusal to accept changes to the Conditions, you must contact us and we will terminate your account (and any associated Sub Accounts) and refund any unused wallet funds. You will not be able to access Sony Entertainment Network.
We may assign our rights and obligations under these Conditions without your consent provided that such assignment does not adversely affect your rights under these Conditions.
15. GOVERNING LAW, JURISDICTION AND ENFORCEMENT
To the extent permitted by applicable law, these Conditions, and any non-contractual obligations or liabilities arising out of or in connection with these Conditions, or your use of Sony Entertainment Network, shall be construed and interpreted in accordance with the laws of England and the contract between you and us shall be deemed to have been formed and performed in England.
Sony Computer Entertainment Europe Limited has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of this Agreement as amended from time to time.
16. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
Other than as set out in these Conditions, we give no warranty about the quality, functionality, availability, completeness, accuracy or performance of Sony Entertainment Network or any Services available via Sony Entertainment Network. We do not guarantee Sony Entertainment Network will always be available or error free and we assume no liability for your inability to purchase or use any Services.
Services purchased from us may not be compatible with software, systems or other Sony Systems licensed for sale outside Europe, the Middle East, Africa and Oceania; we give no warranty about compatibility with such software, systems or other Sony Systems and you will not be entitled to a refund if you cannot use Services for this reason.
We exclude all liability for loss of data or unauthorised access to your data, Sony Entertainment Network account or Sony Entertainment Network wallet and for damage caused to your software or hardware as a result of using or accessing Sony Entertainment Network. You are responsible for your Internet Service Provider fees and any other fees related to your use of Sony Entertainment Network, including any increase in such fees resulting from your use of Sony Entertainment Network.
If we are liable to you for failure to deliver Services, our liability is limited either to re-providing the relevant Service or (at our option) refunding the amount you paid for the Service to your Sony Entertainment Network wallet. Our liability in any other circumstances is limited to £25 (or equivalent in local currency) or, if higher, the amount of unused funds in your Sony Entertainment Network wallet.
These Conditions set out your sole and exclusive rights in connection with Sony Entertainment Network. These Conditions and the above limitations, exclusions and disclaimers apply to the maximum extent permitted by applicable law. However you may have other legal rights as a consumer which are not affected by these Conditions.
Version 6.0 (February 2013)