»Sony ändert die Nutzungsbedingungen für Accounts / PSN

THIS AGREEMENT IS A CONTRACT BETWEEN YOU AND SONY COMPUTER ENTERTAINMENT AMERICA INC. ("SCEA") AND CAN BE ACCEPTED ONLY BY AN ADULT WHO IS OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR PSN ACCOUNT IS REGISTERED. If you are under the legal age of majority, you must ask your parent or legal guardian to consent to this Agreement and Privacy Policy. By clicking the "ACCEPT" button yourself, you affirm that you have reached the legal age of majority and you accept this Agreement. You also affirm that you are accepting this Agreement on behalf of, and all legal and financial responsibility and liability for the actions of, your child and for all subordinate accounts ("Sub Accounts") attached to your Master Account and you hereby expressly ratify and confirm any acts of your child and all users of your Sub Accounts.

This Agreement applies to software, content and access to software and content provided through or in connection with PSN, including via the PlayStation®Store and virtual communities, whether delivered onto the PLAYSTATION®3 computer entertainment system, the PSP® (PlayStation®Portable) system, a personal computer or otherwise. Such access, software, and content include subscriptions, data, system software, fixes, updates or newer releases and related materials.

Through PSN, you may participate in SCEA's online community, play games online, and purchase access to content and services, such as new levels for your favorite games, movies, television shows or original programs such as Oore™.

There are two types of PSN accounts where available: Master Accounts and Sub Accounts. All PSN accounts must have an associated PSN mailbox for receiving text mail.

If you have reached the legal age of majority, you can create a Master Account for yourself. Where available, each Master Account can create up to six (6) associated Sub Accounts. You are not permitted to create Sub Accounts for persons under the legal age of majority who are not your children or for whom you are not the legal guardian. Your children must be of a certain age in order to have a Sub Account. Sub Accounts may not be available in all countries.

Where available, a child under the legal age of majority can only have a Sub Account associated with a Master Account of the child's parent or legal guardian. If you are creating a Sub Account for a child, you must provide (i) your consent for SCEA to disclose, pursuant to SCEA's privacy policy, your child's personally identifying information to third parties for the purpose of allowing your child to participate in PSN activities, such as video and voice chat and gameplay; and (ii) your credit card information if requested by SCEA for Sub Accounts for children under the age of 13 in the United States and Canada or under the specific age applicable to your country.

Some content may be objectionable or inappropriate to some users, including children under a certain age, which may vary from country to country. Please consider your child's age and check any content ratings and descriptions where available, before you access, download or purchase access to any items or permit your child to do so. In some cases, third parties provide ratings or descriptions for items, and SCEA therefore cannot guarantee the accuracy or completeness of such information. In addition, not all content is rated.

Some content that you download to your PLAYSTATION®3 computer entertainment system or PSP® (PlayStation®Portable) system may be accessible by all users of that system. Please monitor all access to content and communications that may be objectionable or age inappropriate. PSN parental controls will not apply to certain types of content such as content that is considered streamed material, user communication or certain categories of downloadable content. PSN parental controls may also not apply to some content that is not rated. Your child may not be able to access some content or play games rated for users older than his or her registered age. In some countries, parents and legal guardians with Master Accounts will be permitted to set their parental controls to override content restrictions on certain materials for associated Sub Accounts. Please see the following website for more information: http://playstation.com/.

If you have a PSN account, you may be able to chat via voice and video with friends and enjoy single sign on benefits without purchase, as well as enjoy online entertainment for which there is no subscription or purchase requirement.

You may not provide anyone with your name or any other personally identifying information other than your own Online ID, or the name, password or personally identifying information of any other person or business through any means, including messaging, chat or any other form of PSN communication.

However, SCEA reserves the right to monitor and record any online activity and communication throughout PSN and you give SCEA your express consent to monitor and record your activities. SCEA reserves the right to remove any content and communication from PSN at SCEA's sole discretion without further notice to you. Any data collected in this way, including the content of your communications, the time and location of your activities, your Online ID and IP address and other related information may be used by us to enforce this Agreement or protect the interests of SCEA, its users, or licensors. Such information may be disclosed to the appropriate authorities or agencies. Any other use is subject to the terms of the applicable Privacy Policy.

ACCESS TO CONTENT ON PSN

PSN may provide you with the ability to buy access to a variety of content, including game-specific items, video content, as well as game and program subscriptions, where available. All content provided through PSN by SCEA, including content created or published by third parties. Third parties, including publishers may administer access to some content, including delivery, gameplay or customer service. To enable third parties to provide such access to you, we must provide them with your personal information. If you do not consent to allow us to share your personal information with third parties for the purpose of providing you with access to PSN content, you will not be able to participate in PSN. In order to access certain content, you may be required to accept additional content specific usage terms and conditions of SCEA or third party companies ("Usage Terms"). Notwithstanding any provision of any other agreement, in the event of any conflict between this Agreement and the Usage Terms or any other terms and conditions in connection with PSN or any disc-based product used with PSN, this Agreement shall control.

All access to content may only be purchased from SCEA using funds from the PSN wallet, where available.

(ii) a prepaid card or promotional code where available; or (iii) other payment methods approved by SCEA and made available from time to time in each specific country.

Purchases of access to content are not refundable. Wallet funds have no value outside PSN and can only be used to purchase access to content from SCEA through PSN

Except as permitted by SCEA, the Master Account wallet will only accept prepaid cards with currency value from the same country as the one designated for the Master Account. SCEA is not responsible for, or liable for any claims arising as a result of the prepaid cards, including any problems encountered using a prepaid card or any defects in a prepaid card. Your use of the prepaid card in the United States and Canada is subject to terms and conditions at http://www.us.playstation.com/card. Additional terms and conditions may accompany the prepaid card.

All purchases and transactions on or through PSN, including transactions made through the PlayStation®Store, are purchases of content access solely between you and SCEA.

To the extent permitted by applicable law, all sales are final upon the completion of your purchase, including purchase of rental content. To the extent permitted by applicable law, access to content is not refundable or transferable, and cannot be redeemed for cash, credit, or funds to your wallet. Prior to your purchase, you are encouraged to review description of the content you are acquiring and the content itself, where available (such as trailers and demos). SCEA reserves the right to deduct from the wallet any amount resulting from a Master Account holder's request to the Master Account holder's credit card company to reverse charges for a purchase on PSN. SCEA also reserves the right to terminate the Master Account and all Sub Accounts associated with the Master Account. In lieu of termination of the Master Account in such circumstances, SCEA may elect to provide a mechanism by which a Master Account may fund the wallet to prevent the Master Account and its associated Sub Accounts from being terminated. Except as otherwise provided on PSN, all transactions are made in the currency of your country of residence. Features, specifications, prices and content are subject to change or withdrawal at any time and SCEA does not provide any refunds in the event of a price drop or a subsequent promotional offering. Special product, prices and promotions displayed on PSN are no longer valid once they are changed or removed from PSN. Prices listed do not include sales tax. Applicable sales tax will be calculated and added at the time you purchase access to the specific content. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of purchase. To the extent permitted by applicable law, all sales are subject to the laws of the State of California, County of San Mateo.

You may be able to make purchases only from a designated Sony regional company which is determined by your country/area of residence.

Upon SCEA's confirmation, access to content will be made available to you through your PSN account. You bear all risk of loss for completing the download of any content and for any loss of content you have downloaded, including any loss due to a file corruption or hard drive crash.You are solely responsible for the storage and safekeeping of your content. SCEA is not responsible for providing you with replacement copies for any reason.

Except as stated in this Agreement, all content and software provided through PSN are licensed non-exclusively and revocably to you, your children and children for whom you are a legal guardian (collectively for purposes of this section, "You" or "Your"), solely for Your personal, private, non-transferable, non-commercial, limited use on a limited number of activated PLAYSTATION®3 computer entertainment systems, PSP® (PlayStation®Portable) systems, and any other hardware devices authorized by SCEA in the country in which your PSN account is registered. All intellectual property rights subsisting in PSN, including but not limited to, all software, data, and content subsisting in or connection with the operation of PSN, the Online ID, the access to content offered on or through PSN and hardware used in connection with PSN (collectively defined as "Property"), belong to SCEA and its licensors.

You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with PSN or any of the content offered through PSN. You acknowledge that the PSN, including some content provided through PSN, may contain security or technical features that will prevent use of such content in violation of this Agreement. Notwithstanding any terms, the Property is not licensed for resale, public performance, display, distribution or broadcast. You acknowledge that some content providers and licensors are intended third party beneficiaries who have rights to enforce this Agreement against you and your permitted users.

Additional terms of use may apply to particular content. Use or license terms may be more restrictive depending on content.

Video Content may be made available to you as a rental or purchase.

Except for rights explicitly granted to you, all rights in the Video Content are reserved by SCEA and its third party licensors.

From time to time, it may become necessary for SCEA to provide certain content to you to ensure that PSN and content offered through PSN, your PLAYSTATION®3 computer entertainment system, the PSP® (PlayStation®Portable) system or other SCEA-authorized hardware is functioning properly in accordance with SCEA guidelines. Some content may be provided automatically without notice when you sign into PSN. Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities.

You authorize SCEA to provide such content and agree that SCEA shall not be liable for any damages arising from provision of such content or maintenance services. It is recommended that you regularly back up any data located on the hard disk that is of a type that can be backed up.

12. USER MATERIAL AND INFORMATION

SCEA may provide others, including but not limited to its subsidiaries or affiliates, with information relating to your participation on PSN, including your communication and game play provided through PSN ("Information"). You hereby authorize SCEA to use, distribute, copy, display, and publish your Information for any legitimate business purpose, including tournaments and ranking, without payment to you. In addition, you will have the option to post, stream or transmit content such as pictures, photographs, game related materials, or other information through PSN to share with others ("User Material"), provided no rights of others are violated. To the extent permitted by law, You authorize and license SCEA a royalty free and perpetual right to use, distribute, copy, modify, display, and publish your User Material for any reason without any restrictions or payments to you or any third parties. You further agree that SCEA may sublicense its rights to any third party, including its affiliates and subsidiaries. You hereby waive all claims, including any moral rights, against SCEA, its affiliates and subsidiaries for SCEA or any other third party's use of User Material to the extent permitted by applicable law. By posting, streaming, or transmitting any User Material, you represent and warrant that you have the appropriate rights to use, post, distribute, and transmit the User Material and to grant SCEA the foregoing license. You further agree to cooperate with SCEA in resolving any dispute that may arise from your Information or User Material. SCEA reserves the right to remove any Information or User Material at its sole discretion.

Some games played on or provided through PSN may have features that allow your information, including game play, PSN ID, Friend's list, messages and related gaming information to be recorded by a user and distributed to any third party publicly, including users outside of PSN. You agree that any third party may record, use and distribute such information for any reason without any restrictions or compensation to you. Additional terms and conditions may apply, including SCEA's privacy policy and the terms and conditions of any game publisher or service provider. Please review all terms carefully. If you do not want your information to be used, recorded or distributed, please do not play the game online through PSN.

This information includes, but is not limited to, promotions, advertisements, product placements or marketing materials within PSN or a game, irrespective of whether the game is connected with or provided through PSN. You agree that SCEA and its partners and providers may collect information regarding your activities, access, or game play, and may use and distribute such information subject to the terms of SCEA's privacy policy or the policies of third parties where applicable. SCEA does not endorse any of the third party products or services advertised, promoted or marketed.

Upon termination for any reason, you will not receive a refund for items, value accumulated on in-game items or any unused balance in your wallet except as expressly provided in this Agreement and to the extent permitted by applicable law

Unless as otherwise stated in this Agreement, SCEA, at its sole discretion, may indefinitely suspend, or discontinue any and all online access to content at any time, including for maintenance service or upgrades, without prior notice or liability.

If any provision of this Agreement is held illegal or otherwise unenforceable by a court of competent jurisdiction, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect.

Except as otherwise required by applicable law, this Agreement shall be construed and interpreted in accordance with the laws of the State of California applying to contracts fully executed and performed within the State of California. Except as otherwise required by applicable law, both parties submit to personal jurisdiction in California and further agree that any dispute arising from or relating to this Agreement shall be brought in a court within San Mateo County, California. In the event of litigation to enforce any part of this Agreement, all costs and fees, including attorney's fees, shall be paid by the non-prevailing party to the extent permitted by applicable law.

No warranty is given about the quality, functionality, availability or performance of PSN, or any content offered on or through PSN. In addition to the limitations of liability in Sections 1, 3, 11 and 13 of this Agreement, SCEA expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SCEA assumes no liability for any inability to purchase access to or use any content.

PHONE AT 877-971-7669 OR AT THE FOLLOWING ADDRESS: SONY COMPUTER ENTERTAINMENT AMERICA INC. CONSUMER SERVICES DEPARTMENT, P.O. BOX 5888, SAN MATEO, CALIFORNIA, 94402-0888, UNITED STATES OF AMERICA.

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