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The products and services displayed on the Site may not be available in your particular country or locality, or at all. The reference to such products and services on the Site is for information purposes only and does not imply or warrant that these products or services will be available in your particular country, location or elsewhere. You should check with your local Sony Mobile authorised representative for the availability of specified products and services in your area.
Applications and features of the service may depend on your SIM card and/or your network, content format and the compatibility of devices necessary for the use. Please verify the local availability of the service with your operator or service provider.
The service may be temporarily unavailable from time-to-time due to maintenance or for any other reason. Furthermore Sony Mobile may at any time discontinue the service or any part thereof.
Any of the services may be or may become subject to charges. If any fees are charged, these will be announced separately and in connection with the applicable service.
The use of the service may involve sending of data through your service provider’s network for which your network service provider may charge. Sony Mobile cannot be held responsible for any such charges.
Version 1.0, 9 May 2011
The information we need when you order something from Sony Mobile through ModusLink includes your name, email address, mailing address, personal financial payment information. This information allows us to fill your order and/or keep you updated on the status of your order. You may “opt” out of providing such information, but you must recognise that by doing so, ModusLink will not be able to process your order. ModusLink also forwards the information gathered from you onto Sony Mobile in the form of various reports used to monitor usage of the web-site, viewing and traffic patterns, and other customer behaviors. For more information on what Sony Mobile does with such information, see Sony Mobile’s privacy statement.
ModusLink strives to ensure that every online communication with Sony Mobile’s customers meets our high standards of privacy and security. We do this by using a secure server with software that encrypts all of your confidential information before you send it to us. In addition, we take strong measures to protect all customer data against unauthorised access.
Cookies are small bites of information that are stored by your browser on your computer’s hard drive. ModusLink cookies allow us to recognise each returning customer and their relevant information so that you do not need to input the same information more than once. We do not place any personally identifying confidential information in your cookies. In addition, cookies are not used to access information entered on the secure server. This information can only be accessed when you enter your name and order reference number.
As noted above, ModusLink only shares customer information from this web-site with Sony Mobile, in the form of various reports. ModusLink itself will not trade, sell or rent your personal information (such as name, address, phone number, or company name) to third parties without your consent. ModusLink also protects your privacy by limiting employee access to and use of customer data. ModusLink may provide statistics to outside companies about our websites, customer traffic and viewing patterns, including sales and related site information. However, such information is compiled into a statistical aggregate, which does not include any personally identifying information.
We may release information concerning your use of the Web Site as required by law and when we believe in good faith that such release is appropriate to protect our rights and/or comply with a judicial proceeding, court order or legal process served on us or the Web Site.
THESE TERMS PROVIDE THE FULL EXTENT OF THE OBLIGATIONS AND LIABILITIES OF BOTH SONY MOBILE AND MODUSLINK IN RESPECT OF THE SUPPLY OF PRODUCT(S) VIA THE eShop.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO OTHER WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US THAN THE ONES MENTIONED IN THESE TERMS. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR YOUR PURPOSES.
TO THE GREATEST EXTENT PERMITTED UNDER MANDATORY APPLICABLE LAW; WE WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT OR ON THE BASIS OF ANY OTHER LEGAL THEORY FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS), LOSS OF DATA, LOSS OF GOODWILL OR REPUTATION OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING. NOTHING HEREIN SHALL LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED FROM OUR NEGLIGENCE OR BREACH OF DUTY OR CAUSED BY OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT OR LIABILITY WHICH IS BASED ON MANDATORY APPLICABLE LAW.
FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO MEET OUR OBLIGATION WHICH IS DUE TO A CAUSE BEYOND OUR REASONABLE CONTROL. IF YOU RESIDE IN GERMANY THE FOLLOWING SHALL APPLY: NOTHING IN THESE TERMS SHALL LIMIT OUR LIABILITY FOR WILFUL MISCONDUCT, GROSS NEGLIGENCE, ANY LIABILITY UNDER THE PRODUCT LIABILITY ACT, OR LIABILITY FOR DEATH OR PHYSICAL INJURY. IN CASES OF SLIGHT NEGLIGENCE, WE WILL ONLY BE LIABLE IF WE ARE IN BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS (CARDINAL OBLIGATIONS / “KARDINALPFLICHTEN”). IN SUCH CASES OUR LIABILITY WILL BE LIMITED TO TYPICAL, FORESEEABLE DAMAGES. IN ALL OTHER CASES, LIABILITY FOR SLIGHT NEGLIGENCE SHALL BE EXCLUDED.
You agree to comply with all applicable laws, regulations and orders applicable to the export, re-export, transfer or resale of Product(s). You also acknowledge that we will not take, and will not be required to take any action contrary to such applicable laws. Among other restrictions, note in particular that certain products may not be exported to certain countries, or may be exported only with individual licenses.
All materials, including all images, software, text and graphics, buttons, keywords, meta-tags and the general ‘look and feel’, (‘the Content’), contained on the Site are protected by copyright under national laws and international treaties. The marks, corporate logos and emblems displayed on the Site are subject to the trademark and other rights of Sony Mobile or its content providers.
If you send any communications or materials to the Site by electronic mail or otherwise, all such communications will be treated as non-confidential and non-proprietary. Sony Mobile is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever. However, you agree and understand that Sony Mobile is not obligated to use any such ideas or materials, and you have no right to compel such use.
Users of Sony Mobile services offered via this site agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the User Registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sony Mobile has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sony Mobile has the right to suspend or terminate your access to or use of such service.
You understand and acknowledge that, even after removal, some material posted by you may be retained as cached and/or archived materials.
For your convenience, the Site may include links to sites on the internet that are owned, published and maintained by third parties. Linked sites are not under our control, and therefore Sony Mobile cannot assume any responsibility for the content of such linked sites. Links to the Site are prohibited without the consent of Sony Mobile. Links do not, and are not intended to, create or constitute a legal affiliation between Sony Mobile and any third party, any liability or responsibility on the part of Sony Mobile for the content, advice, representations, products or services of any third parties, or any endorsement, warranty or guaranty of their products and services or the performance or quality of same.
You acknowledge that is your responsibility to comply with the terms and conditions of any such linked sites.
Any software that may be available for download from the Site (the “Software”) is the copyrighted work of Sony Mobile or its content providers. The Software is made available for downloading solely for end users’ personal use and its use is subject to terms of the end user license agreement, which accompanies or is included with the Software (the “License Agreement”). Any reproduction or redistribution of the Software not in accordance with the Licence Agreement may result in civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENCE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENCE AGREEMENT, SONY MOBILE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE AND NON-INFRINGEMENT.
Internet transmissions are never completely private and secure. You understand that any message or information you send on the Site may be read or intercepted by others. Further, you should not give your password to anyone. Also, if you share your computer with other people, you should log out from the Site and close your browser window when you are done. In no event will Sony Mobile be responsible for unauthorised acts of third-parties made with the intent to circumvent the Site’s security protocols.
You may upload and/or download content. All information, data, text, software, music, sound, photos, graphics, videos, messages or other content posted by you (“Submitted Content”) are solely your responsibility. You are entirely responsible for all Submitted Content that you upload, post, email, transmit or otherwise make available. Sony Mobile assumes no liability for such Submitted Content and you are solely responsible for any liability arising from or related to any Submitted Content you transmit in any manner via the Site
Sony Mobile does not control the content and does not warrant the nature, accuracy, integrity, or quality of the Content or that you will not be exposed to offensive, indecent, or objectionable material. Sony Mobile reserves the right to remove content at any time, including but not limited to any content that Sony Mobile determines, in its sole discretion, to be offensive, indecent or objectionable.
By posting Submitted Content, you grant Sony Mobile a worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the Submitted Content. This includes the right to prepare derivative works thereof, or incorporate the Submitted Content into other works as well as sublicense the same.
Sony Mobile may offers to its end users various services (such as, but not limited to, synchronisation services). You are responsible for all information you synchronise with your phone such as; contacts, calendar, bookmarks, memos, tasks, pictures or other data.
Sony Mobile does not any assume any responsibility or liability for the any deletion or failure in connection with handling, synchronizing or storing your data. Sony Mobile cannot be held responsible for any removal of any data.
You acknowledge that Sony Mobile has the right to delete your data without reason at anytime.
If you distribute content or add comments, you grant Sony Mobile the right to edit, copy, distribute, create derivative works from and publish such content in any form and medium Sony Mobile chooses. Also, you are solely responsible and liable for all your activities on the Site. Listed below are some, but not all, violations that may result in termination of your access to the Site:
Sony Mobile reserves the right to remove content at any time, including but not limited to any content that violates these standards. Sony Mobile is not responsible for any objectionable material you may encounter while using the Site.
Every effort has been made to ensure the accuracy of the information provided by Sony Mobile on the Site. However, because of the nature of the medium and the risks of interruption and disruption, liability is excluded as set out above.
You agree that you will get service related information by e-mail, SMS and/or by any means using your registered information.
Disclaimer of warranties and damages YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THE SITE, SONY MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE; OR (3) THAT YOUR USE OR ENJOYMENT OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SONY MOBILE’S NEGLIGENCE, SHALL SONY MOBILE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THE SITE, EVEN IF SONY MOBILE OR AN AUTHORISED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SONY MOBILE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED EUR 2000.