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Your Agreement to Our Terms of Service
Last Updated: January 14, 2020
1. Your Agreement to Our Terms of Service:
This mobile application ("App") is provided by Sony Electronics Inc. ("Sony"). The Terms of Service ("Terms") are a legal agreement between you and Sony. The Terms determine what your rights and obligations are, and what our rights and obligations are.
You acknowledge and agree that: (i) you will not rely on the images from the App as the only measurement of how a television will fit in a space; (ii) you will measure space for confirmation of fit of a specific television size; and (iii) the App is for estimation purposes only.
| Table of Contents |
|---|
| Our Right to Change the Terms of Service |
| Your License to Use our App |
| Our License to Use your Data |
| Location Data |
| Automatic Updates |
| Ownership |
| Third-Party Service Providers |
| Suggestions |
| Your Transmitted Materials |
| Minors |
| Your Waiver of Class Action Resolution |
| Arbitration |
| Disclaimer of Warranties and Damages |
| Termination |
| About Our Terms of Service |
2. Our Right to Change the Terms of Service
We may change any part of our Terms at any time. Any changes we make apply immediately. We will notify you through our App if we make any material changes. You agree that we decide what constitutes a material change. If you continue to use the App after changes are made, it means you agree to the changes. If do not agree to the changes, then you must stop using and uninstall our App.
3. Your License to Use our App
Our App is licensed to you, not sold. If you agree and comply with our Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use our App, for lawful purposes. This means that you, and any other user who accepts these terms, may use our App for non-commercial purposes, but you may not give it to anyone else, and we may take away your right at any time.
You agree not to change, disassemble, attempt to identify the source code, or otherwise reduce to any form, or create derivative works of the App in whole or in part. You agree not to use our App for any illegal purpose or to upload illegal content and to limit your use to those stated in our Terms.
You agree to comply with all laws, rules and regulations (for example federal, state, local and provincial), applicable to your use of our App, including but not limited to patent, copyright and export compliance laws.
We want all of our users to have an enjoyable experience using our App. You agree not to interrupt, or attempt to interrupt, the operation of our App in any way. You also agree not to use our App in a way that could interfere with someone else’s use or enjoyment of our App, or harm another user.
You agree not to use our App to discriminate against any person or group. You agree that we decide what constitutes discriminatory conduct.
4. Our License to Use your Data
In exchange for us granting you a free license to use our App, you agree to provide us a perpetual, worldwide, royalty-free license to any images, video, location information, and all other data of yours which at our sole discretion we decide to gather, stored on your mobile device or in our App, as we describe in our Privacy Policy. This means we are letting you use our App for free, and we can use the data we collect from you forever anywhere in the world without paying you.
You agree we may use your data to improve our App and other services and products. The data collected may be kept in part or in whole by us.
As we explain thoroughly in our Privacy Policy, all personal data collected will be used to:
a) Provide you with and market to you cutting-edge technology and services
b) Improve the quality of our services to you
c) Build a profile for you, which allows us to tailor our services to your specific needs and interests
5. Automatic Updates
From time to time, we may automatically update or change the App, for any reason. These updates may delete or change any function of the App, even those you may rely upon.
You agree that any changes to the App will be made at our sole discretion. You may have to update our App on your device to continue using it.
6. Ownership
Everything included in our App ("Content") is protected by copyright and trademark laws.
You cannot use our Content, except as specified in our Terms. You agree to follow all instructions limiting the way you use our Content. Our App features a number of logos, service marks, and trademarks that belong to us and third-party service providers. By making them available, we are not granting you any license to use those logos, service marks, or trademarks outside of our App.
Any unauthorized use of our Content may be breaking the law. It also violates our Terms.
7. Third-Party Service Providers
Our App may utilize third-party service providers. We do not review, warrant, or endorse third-party content. If you elect to use a third-party service provider accessible or referenced in the App, you agree to do so in accordance with the third-party’s terms and conditions.
8. Suggestions
If you send us any communications or materials (collectively “Material”), they will be treated as non-confidential. By sending us Materials, you give up any claim that our use of the Materials violates any of your rights, including the right to approve the way we use the Materials.
Any Material you submit to us may be used by us anywhere in the world, in any way, forever. You agree that we are free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any Material that you send to us for any purpose whatsoever. You also agree and understand that we do not have to use any Materials or ideas you give us, and you have no rights to make us use them.
9. Your Transmitted Material
Mobile transmissions are never completely private or secure. You understand that any message or information you send through our App may be read or intercepted by others, unless there is a special notice that a particular message is encrypted (sent in code). Sending information to us does not cause us to have any special responsibility to you unless the law states otherwise.
10. Minors
You may not use our App if you are under 18 unless your parent or guardian accepts these terms on your behalf.
11. Your Waiver of Class Action Resolution
If you have a dispute with us, you agree that any proceedings to resolve the issue, in court or through arbitration, will be on an individual basis. You will not participate in any capacity in any class or representative action, unless both parties specifically agree to do so in writing following initiation of the proceeding. This provision does not apply if the law otherwise prohibits it.
11. Your Waiver of Class Action Resolution
If you have a dispute with us, you agree that any proceedings to resolve the issue, in court or through arbitration, will be on an individual basis. You will not participate in any capacity in any class or representative action, unless both parties specifically agree to do so in writing following initiation of the proceeding. This provision does not apply if the law otherwise prohibits it.
12. Arbitration
You agree any dispute will be decided by binding Arbitration. To begin Arbitration, either you or we must make a written demand for Arbitration to the other party. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA") in effect when the claim is filed, or another association if the AAA declines to hear the claim. You may get a copy of these AAA's Rules by calling 1-800-778-7879 or visiting www.adr.org.
The filing fees to begin and carry out Arbitration will be shared equally between you and us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitration.
Unless you and we agree, the Arbitration will take place in the county and state where you live. The Federal Arbitration Act (9 U.S.C. § 1, et seq.) will govern and not any state law on Arbitration. You agree and understand that this Arbitration clause means that you give up your right to go to court on any claim covered by this clause. You also agree that any Arbitration proceeding will only consider your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering your claims. Any claim you may have with respect to your use of our App must be brought within 1 year after the claim or cause of action arises.
In the event this Arbitration clause is not approved by the appropriate state regulatory agency, and is ruled unenforceable by the court, you and we specifically agree to waive and forever give up the right to a jury trial. Any lawsuit will be tried before a judge, and not a jury.
13. Disclaimer of Warranties and Damages
Your use of our App is at your own risk. Functions of our App, including tagging, may not always be available, accurate, or complete. Our App (including all content and functions) is provided "as is." Remember, our App is free for your use. Because of this, we do not provide a warranty and your damages are extremely limited.
To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever:
a) For the accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content published on or available through our App
b) That the server that hosts our App is available or free of viruses or anything else that may harm your electronic equipment or data when you use our App
Under no circumstances, including our own negligence, will we be liable for any consequential, direct, incidental, indirect, punitive, or special damages related to the App's functions, contents, or service, even if we or one of our authorized representatives have been advised of the possibility of such damages.
Some states do not allow the exclusion of representations and warranties, or limitation of consequential or incidental damages, so the above exclusions or limitations may not apply to you.
In no event will our total liability to you exceed $100.00.
14. Termination
Sony also reserves the right to discontinue the App (with or without notice). You agree that Sony will not be liable to you or to any third party for discontinuing our App. Sony may choose to charge for our App at some point in the future.
15. About Our Terms of Service
Our Terms and our Privacy Policy are the entire agreement between Sony and you with respect to your use of our App.
If for any reason the court finds any provision of our Terms unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of our Terms will continue in full force and effect.
Our Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules.