Sony Australia Limited (ABN 59 001 215 354) ("Sony") maintains this website (the "Site") for your entertainment, information, education, and communication. Your access and use of the Site is subject to the following terms and conditions (the "Terms of Use") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of Sony's Privacy Policy.
1. All material on the Site is protected by copyright unless otherwise indicated and may not be used except as permitted in these Terms of Use or in the text on the Site. If you are browsing this Site as a non-commercial user, you may download material displayed on the Site for your non-commercial, personal use only. If you are browsing this Site as an employee/agent/member of any business or organization, you may download material displayed or available on the Site only for non-commercial purposes within your business or organization. This permission is conditional on your retaining all copyright and other proprietary notices contained on or in the materials contained in the Site and on your compliance with those notices and the Terms of Use. You may not distribute or transmit (except within your business or organization), modify, reuse, republish, report, frame, upload to a third party or use the contents of the Site (including without limitation the text, images, audio, and video) for public or commercial purposes without Sony's express written permission. You agree not to infringe the copyright or other intellectual property rights belonging to Sony, its affiliates or its third party content providers.
2. Your use of the Site is at your risk. Sony makes no warranties or representations as to its accuracy or completeness. To the extent permitted by law, Sony specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site whether Sony is aware of such errors or omissions or not.
3. Consumers who acquire goods or services have a range of rights under consumer guarantees set out in the Australian Consumer Law that cannot be excluded or modified ("Consumer Guarantees"). Nothing in these Terms of Use is intended to exclude or modify the application of these Consumer Guarantees.
4. To the extent permitted by law, everything on the Site is provided to you "AS IS". With the exception of Consumer Guarantees and any other rights that cannot by law be excluded ("Non-excludable Rights"), to the fullest extent permitted by law:
(a) Sony excludes any term, condition or warranty that may otherwise be implied into these Terms of Use or implied in relation to your use of this Site.
(b) Sony excludes any liability of Sony or any other party involved in creating, producing, or delivering the Site for loss or damage incurred as a result of or in connection with the use of the Site including liability for consequential loss or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Site.
(c) Sony assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Sony also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.
(d) Any software downloaded from the Site (including the Downloadable Content) is downloaded at your own risk and Sony neither assumes nor accepts liability for any loss or damage, (whether direct or indirect), whatsoever caused, as a result of any computer viruses, trojan horses, worms, software bombs or similar items or processes arising from your use of the Site.
(e) Sony is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. While Sony may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement, approval, recommendation, or preference by Sony of the owner/sponsor of the site linked to or its content. Subject to any Non-excludable Rights, Sony disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
5. To the fullest extent permitted by law, but subject always to the Australian Consumer Law, Sony's liability for breach of any Consumer Guarantee or in respect of any other Non-excludable right is limited, at the option of Sony, to:
(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
6. The trademarks used on the Site are either trademarks of Sony and/or its affiliates, or used on the Site with the permission of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trade mark displayed on the Site without the express written permission of Sony or, if applicable, the third party owner of the relevant trade mark. All powers (if any) conferred on you by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.
7. Actual colour and dimension of a product described or depicted on the Site or available for purchase through the Site ("Product") may differ from the screen image on the Site. Colours, specifications features of a Product may also differ by model and country. Features and specifications of Products (including, without limitation, prices of Products displayed on the Site and any delivery or other charges) are subject to change without notice. All weights and dimensions mentioned are approximate. All screens are measured diagonally and all screen images contained on the Site are simulated unless otherwise indicated. Copyright may exist on television programs, films, videotapes, CDs, MiniDisc and other materials. Unauthorised recording of such materials may be contrary to applicable copyright laws.
8. The Site may refer to Products that are generally available for purchase in Australia. A reference to Products on the Site does not imply or warrant that the Products will be available at any time in your particular locality. You should check with your local Sony authorised representative for the availability of specific products and services in your locality.
9. Although Sony may from time to time monitor or review forums on the Site ("Forums"), Sony is under no obligation to do so and assumes no responsibility or liability arising from the contents of any Forums nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any Forums. You are prohibited from posting or transmitting on or via the Site:
(1) any unlawful, threatening, harassing, defamatory, libelous, obscene, pornographic or profane material;
(2) 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; or
(3) any material of any kind for commercial purposes, or which contains any promotional material or advertising. You must not restrict or inhibit any other person from using or enjoying the Site, or download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner. Sony will fully cooperate with any law enforcement authorities or court order requesting or directing Sony to disclose the identity of anyone breaching this clause.
10. If Sony provides you with user details to facilitate your use of or access to the Site ("User Details"), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your User Details. Sony is entitled to act on instructions received under your User Details. Sony cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes, you should memorise (and not write down) your User Details.
11. You agree to indemnify Sony and keep Sony indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by Sony as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms of Use, by you or anyone using your User Details.
12. Sony may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but any and all restrictions imposed on you under the Terms of Use, and licences granted by you to Sony, and any Sony disclaimers and limitations of liability will survive such termination.
13. Failure of Sony to insist upon strict performance of any provisions of the Terms of Use shall not be deemed a waiver of its rights and remedies.
14. Sony may at any time revise the Terms of Use by updating this web page without prior notice to you, in which case the Terms of Use as modified will apply to you from the date of modification. You should periodically visit this page to review the then current Terms of Use.
15. The Terms of Use may not be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement between you and Sony. Any attempt to supplement or amend this document by you or a party other than Sony shall be null and void.
16. The Terms of Use are to be governed by and construed in accordance with the laws of New South Wales, without reference to its conflicts of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.
17. The trademarks, logos, and service marks (collectively the "Trademarks") listed below 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, estoppels, or otherwise, any license or right of use any Trademark displayed on the Site without the express written permission of Sony or such third party owner. The trademark "SONY" and any other product names, service names or logos of SONY used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Sony Corporation or any of its affiliates. Other product names and/or company names used in the Web Site are used with the permission of their respective owners and may be protected as their trademarks and/or trade names.
Information that you provide to Sony
18. To enable Sony to provide you with products and/or services and to enable you to participate in Sony promotional offers and other marketing activity, Sony may collect and ask you to provide personal information such as your name, address and telephone number and information about your use of this Site ("Your Information").
19. Sony may collect information relating to your access to, and use of, this Site using cookies. A cookie is a small data file that the Site may write to your computer's hard drive to tailor and keep records of your visit to the Site and to authenticate that you are permitted to use the Site. You can disable cookies by turning them off in your browser, however, you may not be able to access some areas of the Site and/or some areas of the Site may not function properly if you do so.
20. All information that you provide to Sony must be true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or otherwise fail to update Your Information, Sony may suspend or terminate your participation in promotions, competitions, offers or membership of Sony Online (and right to use) the Site immediately.
Trademarks
21. The trademarks, logos, and service marks (collectively the "Trademarks") listed below 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 right of use any Trademark displayed on the Site without the express written permission of Sony or such third party owner. The trademark "SONY" and any other product names, service names or logos of SONY used, quoted and / or referenced in this Web Site are trademarks or registered trademarks of Sony Corporation or any of its affiliates. Other product names and/ or company names used in the Web Site are used with the permission of their respective owners and may be protected as their trademarks and/ or trade names.
(In alphabetical order):
5 50 MUSIC, A:SA II, ACRY-TAC, ATRAC, AUTOSOUND & Device, AVLS,B CORD & Beta Character, BAMBOO, BEAT & Device, BESIDE, BETA B & Beta character, Beta Character, BETACAM, BETACAM SP, BETACAM SX, BETACART, BETAMAX, BETAMAX & Beta characters, BETAMAX B & Beta character, BETAPRO, C Letter logo, Caduceus symbol, CAPTURE, CAPTURE IT ALL ON & SONY TAPE, CD +, CD PLUS, CHAOS, CHAPMAN, CHROMALLY, CIT Logo, CLUB, COLLECTOR'S CHOICE, COLOMBO, COLUMBIA, COLUMBIA & Device, COLUMBIA COUNTRY CLASSICS, COLUMBIA, GRAFONOLA, COLUMBIA MAGIC NOTES & Device, COMIX, COMPO S, CORONET, COVERT RECORDS, CRVDISC, CRYSTAL SHELL, CRYSTALEYE, CX, D 8 & Device, DANCE POOL & Dancer Device, DANCE POOL & Device, DATACAPSULE, DDS DIGITAL DATA STORAGE, DEED, D-EIGHT, D-EIGHT & Device, DESKTOP LIBRARY, DIGIRULER, DIGITAL BETACAM, DIGITAL MAP, DIGITAL MASTER, DIGITAL SKETCH, DIGITAL SPARKLE, Disc Device, DISCMAN, Diverging arrows device, DME-LINK, DODECAHORN, DRUM BASS, DRUMPAD, DUAL SHOCK, DUALITY, DV, DYNAMIC TRACKING, DYNAMICRON, E3G ELECTRONIC BOOK, E3XA ELECTRONIC BOOK, EDIT GEAR, EGGO, EMBASSY, EPIC, EPIC SOUNDTRAX, ES ELITE, ESPRIT, EVERYBODYS GOLF, FAMILY STUDIO, FD TRINITRON WEGA, FELICA, FIGURE HEAD, FLEXIPAD, FLEXY, FLEXYDISK, FONTOPIA, FREEDOM & Device, FUSION, GENESIS, GRAN TURISMO, GREENPLUS, H.AIR, HANDYCAM, HARMONY & Record Device, HD, HDVS, HEAD LOADING, HI BLACK, HIFD, HIT BIT, HOME CINEMA, HYBRIX, I Logo, i.link, IE & Device, INDEXTRON, INFOMAN, INTEGRA, IT'S A SONY, JOG DIAL, JOYFUL, JUMBOTRON, KEYFRAME-LINK, KIRARA BASSO, L LEGACY, La Voce, L'AMUSE, LAPIS, LASERMAX, LEGACY, LIBERTY, M Logo, MAGIC CHANGER, MAGIC LINK, MAGIC NOTES, MAGNESCALE, make.believe, MASTER SOUND, MASTERSHOP, MASTERSOUND, MAVICA, MAVIGRAPH, MAVIPAK, MD LINK, MD LINK PLUS & Arrow Device, MD WALKMAN, MDD & Device, MEDIA PAL, MEGA BASS, MELF, MEMORICH, MEMORY STICK, MEMOTCH, METAL SERVO, METALSERVO, MICROWORLD, MILLENNIA, MINIDISC WALKMAN, MMCD, MURMUR, MUSIC NOTE Device, Music Notes on Quaver device, MUSICA & Music Note Device, Musical Instruments Device, MY FIRST SONY, MY SONY, MY SONY logo, NETMAN, NEWS, NEWSMAKER, NT & Device, NUDE, O & Camera Device, ODYSSEY, OKEH, ORIOLE, Ovals device, PALM TOP & Device, PALMTOP, Pela Pela, PIXY, PLASMATRON, PLAY T.V., PLAYSTATION, POCKETSTATION, PORTRAIT, POWERLINE & P Device, PRESH, PRISM, PRO DAT PLUS, PROFEEL, PROSOUND, PS, PS & Device, PYXIS, QUARTER L, QUATTRO, RAD Range, REDISC, REPEAT LEARNING SYSTEM, ROGER, S Logo, S3 Logo, SBM, SCENA, SCOOPMAN, SCREENERS, SD, SDDS, SDDS SONY DYNAMIC DIGITAL SOUND, SdevTC, SDT SONY & Device, SEARCHMAN, SECUTIVE, SERVMAN, SHOT BOX, SMV & Device, SODA & Soda Bottle Device, SONAHAWK, SO-NET, SO-NET & Device, SONETT, SONOPTOR, SONY, SONY BASIC / 1, SONY BROADWAY, SONY CENTER AM POTSDAMER PLATZ & Device, SONY CINEMATIC, SONY CLASSICAL, SONY CLASSICAL FILM & VIDEO & Film Device, SONY COMPUTER ENTERTAINMENT & S Device, SONY ELECTRONIC PUBLISHING, SONY I-FILE, SONY KID'S VIDEO & Device, SONY MANAGEMENT GAME, SONY MUSIC ENTERTAINMENT, SONY TAPE, SONY TAPE PRO- SHOP & Cassette Device, SONY VIDEO 8, SONY WONDER, SOUND SCOPE, SPOT-O- MARC, STAMINA, STARWOOD, STEADY SHOT, STRAC, SUPER BIT MAPPING, SUPER MIX, SUPER SLIDE, SUPER TRINITRON, SUPERBRIX, SWEEPSTATION, Sxnet, TEKMAN, TELEDISC ENTERTAINMENT, THE GOSPEL SPIRIT, THIS IS IT ULTIMATE ENTERTAINMENT, Thumbs-up Device, TIME TRIP, Treble Clef Device, Triangle, Circle, Cross & Rectangle Logo, Trident Device, TRINICON, TRINITRON, TRINITY, TV1 TV1 TV1 & Device, U-CEIVER, U-MATIC, UNILINK, V, VAIO, VIEWTOPIA, VIRTUOSO, VisionArt, VISIONTOUCH, VISUALTOUCH, VIVARTE, VL Logo, VOICE OF JAPAN, WALKMAN, WALKMAN & Runner device, WALKMAN WORLD, WATCHCAM, WATCHMAN, WEBMAN, WEGA, WILD ARMS, WONDER, WORK, WORLD BAND, X-SIGHT, YAROZE, YPPY Logo.