Last Revised: February 25, 2014
IMPORTANT NOTICE–PLEASE READ CAREFULLY. THIS ACCEPTABLE USE POLICY (“AUP”) SETS FORTH CONDUCT THAT IS PROHIBITED BY THOSE ACCESSING AND USING THE WEBSITE AND SERVICES OF SONY MEDIA CLOUD SERVICES LLC (“SONY MCS”). BY ACCESSING AND USING THE SMCS WEBSITE AND SERVICES YOU ARE AGREEING TO COMPLY WITH THE TERMS OF THIS AUP.
Sony MCS wants its customers to be informed of their rights and obligations in connection with their use of Sony MCS websites, services, products and related software and toolset, all of which are presently marketed under the trademark Ci (pronounced “see”) (collectively, “Ci”). This AUP describes prohibited uses of Ci and supplements Sony MCS’s Terms & Conditions and/or the terms of each customer’s service agreement entered into by Sony MCS (“Service Agreement”). It is the customer’s responsibility to ensure that it and its users comply with this AUP, which may be revised from time to time. Customers are responsible for monitoring this website for changes.
Your use of Ci after changes to the AUP are posted will constitute your acceptance of any new or additional terms of the AUP that result from those changes.
Because Sony MCS cannot monitor and censor the Internet, and will not attempt to do so, Sony MCS cannot accept any responsibility for injury to its customers/users that results from inaccurate, unsuitable, offensive, illegal or unlawful Internet communications. When customers disseminate information through Ci, they also must keep in mind that Sony MCS does not review, edit, censor or take responsibility for any information its users may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information users contribute or upload to Ci is carried over Sony MCS networks or the networks of Sony MCS’s third party providers and may reach other people, users’ content may affect other network users and may harm Sony MCS’s goodwill, business reputation and operations and/or the goodwill, business reputation and operations of Sony MCS’s third party providers.
Accordingly, the bulleted actions described below are defined by Sony MCS as “system abuse” and are expressly prohibited under this AUP. The examples listed below are not exhaustive and are provided to you solely as guidance. If you violate this AUP or authorize or help others to do so, Sony MCS may suspend or terminate your use of Ci or take other necessary actions as set forth in Sony MCS’s Terms & Conditions.
Security Violations and System Abuse
Prohibited activities include:
The following content restrictions apply to any and all material which you contribute or upload to Ci. You may not use or encourage, promote, facilitate or instruct others to use Ci for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Prohibited activities or content include:
The responsibility for avoiding the harmful activities just described rests with the user. Sony MCS will not, as an ordinary practice, monitor the communications of users to ensure that they comply with Sony MCS policy or applicable law, but Sony MCS reserves the right to investigate any violation of this AUP or misuse of Ci. When Sony MCS becomes aware of harmful communications, or when it is notified or becomes aware of actual or potential violations of this AUP, Sony MCS may take any action to stop the harmful activity, including but not limited to: filtering; denying access to Ci; suspending or terminating such access; and/or taking any other actions as deemed appropriate by Sony MCS. Sony MCS shall have the sole discretion to determine which action is appropriate under the circumstances. Sony MCS may take action immediately without regard to any cure periods that may be set forth in the customer’s applicable Service Agreement. Sony MCS shall have the sole right to interpret the meaning of any provision of this AUP or whether a customer’ s or any of its end-user’s or account holder’s activity violates this AUP.
Users who violate this AUP may incur criminal or civil liability. Sony MCS may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with the civil or criminal investigations of violations.
Reporting of Violations
If you become aware of any violation of this AUP, you will immediately notify Sony MCS and provide us with assistance, as requested, to stop or remedy the violation. Please report any violation of this AUP to email@example.com.
Last Revised: June 15, 2015
IMPORTANT NOTICE–PLEASE READ CAREFULLY. UNLESS YOU OR YOUR COMPANY HAVE A WRITTEN AGREEMENT WITH US, THESE TERMS OF SERVICE (“AGREEMENT”) GOVERN YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES OF SONY MEDIA CLOUD SERVICES LLC (“SONY MCS,” “WE,” “US,” OR “OUR”). BY ACCESSING AND USING THE SONY MCS WEBSITE, PRODUCTS OR SERVICES YOU ACCEPT THIS AGREEMENT AND YOU ARE AGREEING TO COMPLY WITH THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning this Agreement, please contact us here.
This Agreement governs your (and your users’) use of the Sony MCS website, services, products and related software and toolset, all of which are presently marketed under the trademark Ci (pronounced “see”) (collectively, “Ci”). Hereinafter all references to “you” include your users. This Agreement takes effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use any part of Ci (the “Effective Date“). You represent to Sony MCS that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement on behalf of an entity, such as the company you work for, you are agreeing to this Agreement for that entity, and you represent to us that you have legal authority to bind that entity (in which event, “you” and “your” will refer to that entity). This Agreement may be revised from time to time. You are responsible for monitoring this website for changes. Your use of Ci after changes to this Agreement are posted on Sony MCS’s website will constitute your acceptance of any new or additional terms of this Agreement that result from those changes.
1. CHANGES TO TERMS. We may modify the Agreement from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you in accordance with Section 17.10. The modified terms will become effective upon posting or, if we notify you by email, as stated in that email message. By continuing to access or use Ci after modifications become effective, you agree to be bound by the revised Agreement. Other changes may be posted to our blog or Terms of Service page, so please check those pages regularly.
2. YOUR ACCOUNT. To obtain access to Ci, you are required to create a “User Account,” by completing a registration form and designating a user ID (your email address) and password. When registering with Ci you must provide true, accurate, current and complete information about yourself as requested. You are required to maintain and promptly update any registration data to keep it true, accurate, current and complete. You may manage and change your account information by using the Manage Account tab in Ci.
You are solely responsible for all content posted and activity that occurs under your account. Only you may use your User Account. You must keep your account and passwords secure and confidential and not authorize others to use your account. If you are using a computer that others have access to, you must log out of your account after using Ci. If you become aware on any breach of security or unauthorized access to your User Account, you must notify Sony MCS immediately. Sony MCS is not liable for any of your loss or damage arising from any unauthorized access to your account.
If a third party, such as an employer or school, gave you your account, that party has rights to your account and may manage your account, reset your password, suspend or cancel your account, view your account’s usage and profile data (including how and when your account is used), and read or store Content in your account.
By creating a Sony MCS User Account and providing us your email address you consent to our using your email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages including changes to features of the services, special offers and Sony marketing material. If you do not wish to receive these emails, you may opt-out by changing your preferences on the Manage Account page. Opting-out may prevent you from receiving email messages regarding updates, improvements, and offers.
If the domain of the primary email address associated with your Ci account is owned by an organization and was assigned to you as an employee, student, contractor or member of such organization, and that organization wishes to establish a commercial enterprise relationship with Sony MCS, we may share with that entity the existence of such account along with your account’s usage and profile data, including how and when your account is used. In such instance, should the entity desire to add your account to such enterprise relationship, then, if you do not change the email address associated with your account, your account may become subject to the commercial enterprise relationship between Sony MCS and such organization and controlled by such organization. You may change the email address associated with your account by contacting us here.
Sony MCS offers you the option of upgrading your account to one of our Paid or Team Plans (“Paid Plan”). Until you upgrade to a Paid Plan your access CI may be limited to functionalities, if any, that Sony MCS makes available to its Free Users. By upgrading you may receive additional storage, functionalities, and service.
Team Workspaces. In addition to your personal, private storage area (“My Workspace”), Ci gives you the ability to purchase and create additional shared/common storage areas that we call Team Workspaces, where invited participants can upload, share, and view content, and collaborate. Team Workspaces are for you and your trusted collaborators to use as a shared space to collect, organize, and develop content for a shared purpose or project. As the owner of a Team Workspace, you may invite participants who will be able to upload new content to the Team Workspace, as well as view, share and download any content stored in the Team Workspace. You are responsible for any content uploaded to a Team Workspace for which you are the owner as if you uploaded it yourself.
3. YOUR CONTENT. By using Ci you provide us with audio/visual content, data, information, files and folders that you upload, submit and/or store to Ci (together “Your Content”). Except for material that we license to you, Sony MCS does not claim ownership to any content that is transmitted, stored, or processed in your account. This Agreement does not grant us any rights to Your Content or intellectual property except for the limited rights that are needed for us to be able to provide you services, as explained below.
You are solely responsible and liable for Your Content and your communications with others while using Ci, including any content uploaded to a Team Workspace owned by you. You represent and warrant to Sony MCS that you have all the right, power and authority necessary to grant the rights granted herein to Your Content including all necessary rights to upload Your Content in accordance with the Agreement. You agree; (a) that Your Content does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy; and (b) that Your Content does not violate Sony MCS’s Acceptable Use Policy, which sets forth content Sony MCS deems prohibited. We reserve the right, but are not obligated, to reject and/or remove any content that we believe, in our sole discretion, violates these provisions. You understand that if you do not have the right to submit Your Content to Ci doing so may subject you to liability.
By using Ci you grant Sony MCS a limited, revocable, worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute Your Content solely to the extent necessary to provide you, and other users in accordance with your settings, Ci and related services, or as otherwise permitted by this Agreement. In connection with providing you service, we may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. The above licenses will continue unless and until you remove Your Content from Ci, in which case the licenses shall terminate within a commercially reasonable amount of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that deleted videos may be retained for some time after removal for the purpose of Sony MCS providing data recovery services to you.
If Sony MCS reasonably believes that (i) Your Content violates law or Sony MCS’s Acceptable Use Policy, (ii) Your Content infringes on the rights of any third party, or (iii) your use of Ci is in an adverse manner that affects Sony MCS’s network or other customers, we may request that you remove such content. In addition, Sony MCS may, in its sole discretion, remove such content, disable your access to such content or to Ci, or terminate this Agreement. You are solely responsible for the content you upload to Ci or otherwise furnish to Sony MCS.
We shall follow our standard archiving and backup procedures for Your Content. You are responsible for maintaining and protecting Your Content. Sony MCS shall not be liable for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of, Your Content or other data that you may submit or use in connection with your account or Ci (including as a result of your errors, acts or omissions).
To ensure against loss or damage of Your Content, you shall retain duplicates of such content and shall routinely backup and archive Your Content. Sony MCS assumes that you have insured the content sufficiently against damage or destruction. You are responsible for properly configuring and using Ci and taking your own steps to maintain appropriate security, protection and backup of Your Content, including using encryption technology to protect Your Content from unauthorized access and routinely archiving Your Content.
Shared Content. One of the hallmark features of Ci is the ability to share Your Content and collaborate. As part of our share and collaboration features, we provide functions that allow you to control who may access Your Content. If you enable or avail yourselves to any of CI’s features that allow you to share Your Content with others, or chose to upload Your Content to a shared Team Workspace, anyone you’ve shared the content with (including the general public, in certain circumstances) may have access to Your Content. In such instance you retain ownership of Your Content, but there are many things that other users may be able do with Your Content, for example, download it, copy it, modify it, re-share it, or broadcast it. Please consider carefully what you choose to share or make public, and who you choose to share Your Content with. Sony MCS has no responsibility for that activity. Additionally, you understand that uploading and/or sharing Your Content using Ci is not a substitute for registering it with the U.S. Copyright Office, or any other rights organization.
Deletion of Content. Upon deletion of your content, Your Content is placed in a Recycling Bin from which it can be restored for up to thirty (30) days. Sony MCS reserves the right to permanently delete any content from your recycling bin which has been there in excess of thirty (30) days. Content in your Recycling Bin counts against any storage cap applied against your account. You may permanently delete Your Content from the Recycling Bin at any time. You cannot recover Your Content once it has been permanently deleted.
4. LICENSE; LIMITATIONS. Subject to the terms of this Agreement, Sony MCS grants you a limited, non-exclusive license to access and use Ci. Except as expressly permitted by Sony MCS in writing to you, you shall not reproduce, modify, improve, interpret, compile, recompile, and/or create derivative works of, Ci. You shall not attempt to reverse engineer, compile, decompile, or otherwise derive the source code for Ci. You shall not publish or disclose any performance or benchmark tests or analysis relating to Ci. Additionally, you shall not allow any other third party to access or use Ci, including but not limited to use in any application service provider or software as a service environment or service bureau or time-sharing arrangements. You shall take reasonable steps to ensure that your account, or any portion thereof, is not made available to or accessed by any third party unrelated to you or your internal business purposes. You agree to comply with Sony MCS’s Acceptable Use Policy, as well as all laws, rules and regulations applicable to your use of Ci. All rights not expressly granted by Sony MCS are reserved.
Under this Agreement, Ci is not sold, and instead is only licensed for use, strictly in accordance with this Agreement. This license does not give you the right to download or install any Sony MCS software; you are provided a license only to access and use Ci via the Internet.
5. SONY PROPRIETARY RIGHTS. Ci (including its related technology and software) is protected by copyright laws and international copyright treaties, applicable patent laws, as well as other intellectual property laws and treaties. All title and copyrights in and to Ci (including but not limited to any images, photographs, animation, video, audio, music, text and “applets,” incorporated into Ci), the accompanying printed materials are owned or licensed by Sony MCS or its affiliates or suppliers. All rights to Ci not specifically granted under this Agreement are reserved by Sony MCS. You have no rights in or to Ci other than the right to use it in accordance with the terms of this Agreement. You agree to endeavor to take all necessary steps to protect Ci from infringement and promptly notify Sony MCS in writing of any infringement, and cooperate with Sony MCS in the handling of such infringement, challenge or claim.
Nothing in this Agreement gives you the right to use the Sony MCS or Ci names, or any of Sony MCS’s or its parent company’s trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide us or post in our forums regarding Sony MCS, Ci or any other of our services is entirely voluntarily, and we will be free to use such feedback, comments and suggestions as we see fit without any obligation to you.
6. US BASED. Ci is controlled and operated from facilities located in the United States. We make no representations that Ci is appropriate or available for use in other locations. Those who access or use Ci from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Ci if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
By using and accessing Ci, you understand and consent to the storage and processing of Your Content and any other personal information in the United States. Sony MCS reserves the right to store and process personal information outside of the United States.
7. MODIFICATIONS TO CI. Sony MCS may from time to time, change, modify, add, and/or remove features or functionalities, or otherwise discontinue Ci or any part of it, including any related APIs. Sony MCS may, but is not obligated to, notify you of any material changes to or discontinuation of the Service. In the event an API is changed, Sony MCS will attempt, but is not obligated, to continue to support the previous version for twelve (12) months after the change. Sony MCS reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to Ci at any time.
8. FORUM USAGE. Nothing in this Agreement requires you to participate or contribute to our online forums (“User Comments”). If you choose to participate or contribute the following terms apply:
9. BILLING. Subscription prices for any of our Paid Plans are as set out on our Website from time to time here. The fees charged for your Paid Account will be billed from the date you elect to convert and on each monthly or yearly renewal thereafter unless and until you cancel or downgrade your account. All services will be charged at the prices set forth in the applicable Paid Plan you choose.
The price stated for the Service excludes all taxes and charges, unless stated otherwise. You’re responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements). You will pay the fees in the currency we quoted for your account. Sony MCS reserves the right to change the quoted currency at any time.
All Ci Paid Plans are billed on a monthly recurring basis. Unless agreed otherwise, payment of subscriptions must be made monthly in advance by credit or debit card or by some other method agreed with us. You authorize us to charge you for the Service using your credit card and for any paid feature of the Service that you choose to sign up for or use. Sony MCS will automatically bill your credit card each month on the calendar day corresponding to the commencement of your Paid Plan until cancelled (“Billing Anniversary Date”). In the event your Paid Plan began on a day not contained in a given month or year, we will bill your credit card on the last day of such month or year. For example, if your Paid Plan began on January 31st, February 28th is the next time your credit card would be billed. You can view the Billing Anniversary Date for your next renewal period on the Manage Account page. We accept payment with only those credit and debit cards or other methods listed on our website. You must be authorized to use the payment method that you enter when you create a billing account. It is your responsibility to keep your contact information and payment information current and updated. You can access and modify your billing account information at the Manage Account page.
Any storage, limits or functionalities included in your Paid Plan (“Entitlements”) are provided on a monthly basis. For the sake of clarification, any unused storage and other limits do not roll over to subsequent subscription periods.
Sony MCS may modify existing plans or fees at any time provided we advise you (in a manner sufficient under this Agreement) thirty (30) days in advance of any increase to the existing fees. No change will be implemented in respect of any period for which you have already paid a subscription. If you don’t agree to these changes you must cancel or downgrade your Paid Plan prior to the conclusion of your current payment term, before renewal. If you cancel, your Paid Plan will terminate at the end of your current payment period or if you fail to cancel as required, we will automatically renew your Paid Plan at the new rate.
Failure to pay your Subscription when due shall be a material breach of this Agreement which shall entitle us to suspend or terminate your account pursuant to the terms of this Agreement. Fees are chargeable at our standard rates during the suspension. Failure to resolve outstanding payments may result in Your Content being removed from Ci following notification. If we terminate this Agreement for your material breach, we will require you to pay, without delay, all fees and costs accruing before the termination date, all unpaid subscriptions and any other amounts you owe us under this Agreement.
Your Paid Plan will continue in effect unless and until you cancel or downgrade it, or we terminate it. You must cancel your Paid Account before it renews in order to avoid billing of the next month’s fees to your credit card. Provided that you notify us of your intent to cancel your Paid Plan within seven (7) days from your initial purchase we will refund any monies paid to us within thirty (30) days of receiving your notice of cancellation. This refund offer does not apply to renewed plans.
Except as specifically set forth in this section, all Services are prepaid for the period selected and are non-refundable. This includes accounts that are renewed. Nothing in this Agreement affects your statutory rights. SONY MCS DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your Paid Plan at any time, and cancellation will be effective immediately. Should you elect to cancel your Paid Plan please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
Downgrading your service may cause the loss of features or capacity of your account. Sony MCS does not accept any liability for such loss.
10. PROMOTIONAL ACCOUNTS. From time to time, Sony MCS may provide selected customer(s) with promotional offers to try one of our Ci Paid Plans without cost for a set period of time (“Promotional Period”). Customer will be given a Promotional Account, capable of accessing Paid Plans features as communicated in the promotional offer. In order to receive a Promotional Account, you must provide us with accurate credit card and billing information in accordance with this Agreement. Promotional Accounts will automatically convert to the equivalent Paid Plan at the completion of the Promotional Period. Unless Sony MCS notifies you otherwise, if participating in a promotional offer, you must cancel the Promotional Account prior to the end of the Promotional Period to avoid incurring any charges. If you do not cancel your Promotional Account prior to the end of the Promotional Period, you authorize Sony MCS to charge your credit card for the Services and no credits or refunds will be available. You may, however cancel your Paid Plan before the next billing in accordance with the terms of this Agreement. You may cancel a Promotional Account at any point during the Promotional Period to avoid charges.
The last day of the Promotional Period signifies the due date of the first payment. If payment is not received, User’s account will be suspended in accordance with this agreement. If request for payment is not received within ninety (90) days of request, user’s account will be deactivated and all files will be permanently deleted.
11. TEMPORARY SUSPENSION. Sony MCS may temporarily suspend your access to any portion of Ci if Sony MCS or any of its technology partners reasonably determines that: (a) there is a threat or attack on Ci (including a denial of service attack) or other event that may create a risk to Ci, you or any other Sony MCS customer; (b) your use of Ci or Your Content poses a security risk to Ci or any other Sony MCS customer, may harm Sony MCS’s infrastructure, or may subject Sony MCS or any third party to liability; (c) you are using Ci for fraudulent or illegal activities; (d) subject to applicable law, you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become subject of any bankruptcy, liquidation, dissolution of similar proceedings; (e) you are using Ci in breach of this Agreement; (f) you remain in material default of your payment obligations hereunder; or (g) Sony MCS is instructed to suspend your access by its infrastructure service provider for any reason (collectively, “Service Suspensions”).
Circumstances permitting, Sony MCS will endeavor, but does not have the obligation, to provide you with notice of any Service Suspension and to provide updates regarding resumption of services following any Service Suspension. In the event Sony MCS suspends your access to any portion of Ci: (a) you remain responsible for all fees and charges incurred through the date of suspension; and (b) you remain responsible for any applicable fees and charges for any portion of Ci or services to which you continue to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of suspension. Sony MCS will have no liability for any damages, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. Sony MCS’s right to suspend your access to any portion of Ci is in addition to its right to terminate this Agreement as set forth below.
12. TERMINATION. You may terminate this Agreement for any reason by cancelling any of your Ci subscriptions (in accordance with the Cancellation terms described by this Agreement) and deleting your Sony MCS account. Sony MCS may terminate this Agreement without cause by providing thirty (30) days prior written notice to you. Sony MCS may terminate this Agreement for cause after giving you five (5) days prior notice and opportunity to cure if Sony MCS reasonably determines that: (a) your use of Ci or Your Content (i) poses a security risk to Ci or any other Sony MCS customer, (ii) may harm Sony MCS’s systems, or (iii) may subject Sony MCS or any third party to liability; (b) you are using Ci for fraudulent or illegal activities; (c) you are using Ci in breach of this Agreement or Sony MCS’s Acceptable Use Policy; or (d) Sony MCS’s continued provision of any of the services to you is prohibited by applicable law. Upon termination of this Agreement for any reason you will remain liable for all unpaid fees, charges and any other payment obligations that have been incurred through the date of termination with respect to your use of Ci, and your license to Ci or other rights granted to you under this Agreement will immediately terminate. You acknowledge that Sony MCS may retain Your Content until all fees have been paid to Sony MCS.
Upon termination for any reason, User Accounts will be deactivated. Users will lose all access to their workspaces, all Your Content will be deleted from Ci in accordance with the deletion protocol set forth in this Agreement, and all shared links will be turned off. Sony MCS has no obligation to maintain any of Your Content stored in your account in the event that your account is terminated.
In addition to other termination provisions, if your account it not currently subject to a paid subscription plan with us, we, at our discretion, may terminate your account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a Registered User or (b) you do not engage in any activity in your account for any period of one hundred and twenty (120) consecutive days. In the event of such termination, any Content you may have will not be retained by us.
13. CUSTOMER SERVICE. Ci, along with any other associated services, may be unavailable at certain times, including during any unanticipated or unscheduled downtime or unavailability of all or any portion of Ci as a result of system failures or force majeure events (as described below)(collectively “Service Interruptions”). Sony MCS will make commercially reasonable efforts to provide information regarding any Service Interruption and the restoration of use and access to Ci following the Service Interruption, including information posted on Ci or sent to your registered email address. In the event of any Service Interruptions, you are not entitled to any service credits, refunds or other redress. For any questions around customer service, or to contact customer service with any questions or comments, please visit here.
14. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF CI ALONG WITH ANY ASSOCIATED SOFTWARE AND SERVICES IS AT YOUR OWN RISK. SONY MCS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CI AND ASSOCIATED SOFTWARE, SERVICES OR DOCUMENTATION, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SONY MCS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SONY MCS ASSUMES NO LIABILITY FOR INABILITY TO PURCHASE ACCESS, DOWNLOAD OR USE ANY CONTENT, OR SERVICE.SONY MCS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN CI WILL MEET YOUR REQUIREMENTS; THAT USE OF CI WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; OR THAT CI IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACCEPT RESPONSIBLITY FOR THE SELECTION OF CI TO ACHIEVE YOUR INTENDED RESULTS. SONY MCS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES CAUSED BY LOSS OF DATA DUE TO YOUR USE OF CI. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF CI IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (SOFTWARE OR HARDWARE) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY MCS SHALL CREATE A WARRANTY OR CONDITION OR ANY WAY DECREASE THE SCOPE OF THIS DISCLAIMER. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY. SONY MCS AND ITS AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF CI OR ANY ASSOCIATED SOFTWARE OR SERVICES, DOWNTIME AND YOUR TIME, EVEN IF SONY MCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER SONY MCS NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE CI, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO CI, (II) SONY MCS’S DISCONTINUATION OF ANY OR ALL OF CI OR SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF CI FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO CI; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH CI BY ANY THIRD PARTY; OR (E) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. UNDER NO CIRCUMSTANCES WILL SONY MCS BE RESPONSIBLE FOR ANY DAMAGES, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN ANY CASE, SONY MCS’S AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF $20 OR TWELVE (12) MONTHS FEES PAID BY YOU TO SONY MCS UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
16. INDEMNITIES. You shall defend, indemnify and hold harmless Sony MCS, its affiliates, directors, officers, employees and agents against all Third Party claims, actions, proceedings, losses, liabilities, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with: (a) your breach of this agreement; (b) your use of Ci in a manner otherwise than in accordance with this Agreement; and (C) claims from a third party that Your Content infringes the intellectual property rights or other rights of a Third Party.
In the event of any intellectual property rights claim by a third party that our provision of Ci infringes their intellectual property rights, we may obtain for you the right to continue using Ci, replace or modify Ci so that it becomes non-infringing or, if such remedies are not reasonably available, terminate this Agreement (which shall include termination of your access to Ci) and our only liability is to repay any pre-paid Subscription relating to a period after the date of termination. Subject to the terms of this Agreement, the foregoing states your exclusive rights and remedies, and our entire obligations and liability for any patent, copyright, database or right of confidentiality infringement under this Agreement.
18. DMCA POLICY. Sony MCS respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Sony MCS will respond expeditiously to claims of copyright infringement committed using Ci provided such claims are reported to our Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through Ci by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of Notice as described below, Sony will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
Deliver this Notice, with all items completed, to Sony MCS’s Designated Copyright Agent:
Sony Media Cloud Services LLC
10202 West Washington Blvd.
Culver City, California 90232
Attention: Director, Business Affairs, Fax: (310) 244-0395
Last Revised: May 5, 2021
What does this policy cover?
This statement describes Sony Media Cloud Services LLC’s and its affiliates’ use of your data. References in this policy to “Sony MCS”, “we”, “our”, or “us” shall mean Sony Media Cloud Services LLC.
What information do we collect?
Information You Provide.
While Sony MCS does not generally require that you provide us with personal data in order to visit our websites, in order to use Ci, we require you to register for an account. When you register for an account we may collect some information that could reasonably be used to contact or to identify you personally such as your name, email address, phone number, password, company, address, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We may also collect information in connection with your use of our sharing and collaboration features such as the email addresses for your contacts that you wish to share content with and/or invite to join Ci. From time to time Sony MCS may also ask you to provide other information about yourself, including demographic information (such as gender, geographic region, age, etc.) and certain information about your preferences and interests, which you may provide at your discretion, and which may be considered to be personal information as required by the law.
Your Content. We collect and store files you upload, download or access with Ci, along with any metadata associated with that content or any metadata created in association with your use of Ci (e.g., user-entered tags and classifications, user comments).
Log Data. When you use Ci, we automatically record information from your device, its software, and your activity using Ci. This may include your IP address, browser type, access times, referring website addresses or other information included in HTTP headers. We may also collect information about your account activity and files and pages accessed by you. Such information is sometimes referred to as web analytics and/or clickstream data.
Therefore, the information that we collect and process may include:
Information We Collect Automatically
In addition to any personal information or other data or information that you choose to provide to us via the Sony MCS Properties, whenever you visit or interact with the Sony MCS Properties, Sony MCS automatically collects certain information such as your IP address and/or another unique identifier ("Device Identifier") for the computer, mobile device, technology or other device ("Device") you use to access the Sony MCS Properties and any referring website. (A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers. Our computers identify your Device by its Device Identifier). Some mobile service providers may also provide us or our third- party service providers with information regarding the physical location of the Device used to access the Sony MCS Properties.
In addition, Sony MCS, as well as certain third-party analytics and other service providers, may use a variety of technologies that automatically or passively collect information about how you use the Sony MCS Properties ("Usage Information"). Usage Information may include, in part, browser type, operating system, the page served, the time at which a page was accessed and/or the time spent on a page, and the preceding page views. Therefore, the information that we may automatically collect from you and process may include:
How do we use this information, and what is the legal basis for this use?
We process your personal data for the following purposes:
In addition, we may send you direct marketing in relation to our services, or other services provided by our Affiliates and carefully selected partners. You will be able to opt-out of those materials by following the instructions in the communication.
Who will we share this data with, and where?
To Your Collaborators
Sony MCS may share your personal data with collaborators you choose to share your content with via Ci.
Sony MCS may share your personal data with companies affiliated with Sony MCS (“Affiliates")*, so that those Affiliates can (i) assist us with fulfilling your requests or improving our content, services or advertising; and/or (ii) contact you about other content, services or other offerings that may be of interest to you.
* “Affiliates” means the parents, subsidiaries, or any legal entity that directly or indirectly controls, is controlled by, or is under common control with Sony MCS. An entity is considered to control another entity if it owns, directly or indirectly, more than 50% of the total voting securities or other such similar voting rights.
To Third-Party Service Providers Providing Services On Sony MCS’s Behalf
When You Consent To Have Your Personal Data Shared or Otherwise Request That We Share Your Information
We may offer you the opportunity to consent to the sharing of your information with third-parties, for example so you are able to receive information and/or marketing offers from third-parties or participate in Promotions. Additionally, you may request, sometimes through your use of an interactive feature or third-party application, that we share personal data about you with a third-party, and we will typically do so in those circumstances. If you consent or request to receive communications from third-parties, you will need to communicate with them directly if you later decide that you no longer wish to receive their communications.
We may share your personal data with Affiliates for internal reasons, primarily for business and operational purposes, including any corporate reorganization, restructuring or other corporate change. In addition, Sony MCS or any of its assets, including the Sony MCS Properties, may be sold, or other transactions may occur in which your personal data is one of the key business assets in the transaction. In such a case, your personal data may be one of the business assets we transfer. Hence, Sony MCS reserves the right to disclose and transfer user information, including personal data, in connection with any activity and/or transaction described above.
Legal Protections and Law Enforcement
We may transfer and disclose information, including your personal data, (including Usage Information and Device Identifier (including IP address)), to third-parties: (i) to comply with legal obligations; (ii) when we believe in good faith that the law requires it; (iii) at the request of governmental authorities conducting an investigation; (iv) to verify or enforce other applicable policies; (v) to respond to an emergency; or (vi) to otherwise protect the rights, property, safety or security of third-parties, visitors to the Sony MCS Properties or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies, in our discretion. Such disclosures may be carried out without notice to you.
Updating and Accessing Your Personal Information
You may view, correct, update or delete the personal information Sony MCS stores about you. Most of your personal information may be accessed and corrected simply by logging into your account and accessing your profile. You can also request changes or access to your information by contacting us here.
Sony MCS may send you communications regarding Ci, including but not limited to (i) notices about your use of Ci, including any notices concerning violations of use, (ii) service notices and product updates, and (iii) promotional information, newsletters and materials regarding our and/or our Affiliate’s and third- party’s products and services. You may opt-out of receiving promotional emails by following the opt-out instructions in those emails or by setting your preferences in your account page or by contacting us here. Opt-out requests may not apply to certain types of transactional service messages.
Cookies & Other Tracking Technologies
We use certain types of technologies such as cookies and web beacons to track the use of the Sony MCS Properties, including keeping track of your visits, preferences and profile information cookies. We allow third-parties to place such technologies on the Sony MCS Properties for analytics and other purposes.
Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. How browsers communicate the Do Not Track signal is not yet uniform. For this reason, the Sony MCS Properties do not currently interpret, respond to or alter their practices when they receive Do Not Track signals. Please note that third-parties may collect personal information about your online activities over time and across different websites when you visit our website or other online websites and Sony MCS Properties. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.
We and some of our third-party partners use Flash cookies to store some of your preferences or personal information. For more information on Flash cookies and how to manage privacy and storage settings click here. In some of our email messages, we use “click-through URLs” or pixel tags to determine whether the email has been opened and to measure the effectiveness of our customer communications.
Use of Analytics Tools
We may use analytics tools and other third-party technologies such as Google Analytics and DoubleClick Cookies to collect non-personal information in the form of various usage and user metrics when you use Ci or visit our websites. These tools and technologies collect and analyze certain types of information including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, mobile unique device ID, and other similar information. These tools use this information for purposes such as monitoring product performance so that we may evaluate feature performance and overall product performance to improve the UX for our users.
You can learn more about opting out of third-party cookies by clicking here
Social Media Applications
Functionality on the Sony MCS Properties may permit interactions between third-party properties, such as enabling you to “like” or “share” content to third-party websites. If you choose to “like” or “share” content or to otherwise post information from or via the Sony MCS Properties to a third-party property, feature or application, that information may become public and the third-party property may have access to information about you and your use of the Sony MCS Properties including personal data.
Sony MCS uses commercially reasonable safeguards to help protect and secure your personal data against unauthorized or accidental disclosure, access, misuse, loss, or alteration; and we use reasonable efforts to obtain the agreement of our Affiliates and third-party service providers to take steps to protect the confidentiality, security, and integrity of personal data we share with them. However, no electronic data transmission or storage of information can be guaranteed to be 100% private and secure. Please be careful to avoid 'phishing' schemes, where someone may send you an e-mail that looks like it is from Sony MCS asking for your personal data. You understand that any information, message or content that you provide, send, or input into the Sony MCS Properties may be accessed, read or intercepted by others. Sony MCS does not ensure or warrant the security of any information or content you provide or transmit to us, and you use the Sony MCS Properties and provide us with your information and content at your own risk. In addition, we cannot guarantee that any passively-collected personal information you choose to include in the files you store in Ci are maintained at adequate levels of protection to meet specific needs or obligations you may have relating to that information.
We may offer opportunities to enter into trials, sweepstakes, contests, or other promotions (“Promotions”) that we offer, on our own or jointly with a third-party. Such Promotions may require registration and the disclosure of both personal data and non-personal data. In the event that a Promotion is offered jointly with a third-party, as a result of your participation in such Promotion, your personal information and non-personal data may be shared with such third-party, which sharing we will disclose to you at the time you provide your information. By entering a Promotion, you are agreeing to the official rules and terms that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other third-parties connected to the Promotion to use your name, voice and/or likeness in advertising and marketing materials. Therefore, always carefully read the rules of the Promotion before entering.
How do we treat children’s personal data?
We do not target our sites and/or services, including Ci, to or attempt to collect any personal data from those under the age of 16. If you are under 16 years of age, you should not provide any personal data (for example, your last name, home address or e-mail address) to the Sony MCS Properties. Sony MCS does not knowingly collect or permit the collection, storage or use of any personal data from anyone under 16. If Sony MCS learns that you are under 16 years of age, Sony MCS will not maintain or use any personal data about you except as allowed by law. If you feel that we have unknowingly collected information from someone under the age of 16, please contact us immediately and this information will be removed.
For Residents of the United States
If you are a parent or guardian who believes that a child under the age of 16 has submitted personal information to us, we will promptly delete such information upon receipt of written notice at the postal or via email here.
How long will you hold my data?
We will retain your information for as long as your account is active or as necessary to provide you services. Where you are a customer, Sony MCS will keep your information for the length of any contractual relationship you have with us, and, to the extent permitted, after the end of that relationship for as long as necessary to perform the purposes set out in this notice. If you wish to cancel your account or request that we no longer use your personal data to provide your services, you may delete your account by contacting us here.
For data about your visits to our websites or applications, Sony MCS will retain this data in accordance with our retention policy. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; laws may require Sony MCS to hold certain information for specific periods. In other cases, Sony MCS may retain data for an appropriate period after any relationship with you ends to protect itself from legal claims, or to administer its business. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there may be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we may not delete files that you have in common with other users from our servers.
Notice to California Residents – Your California Privacy Rights.
CA Privacy Notice
If you reside in California, we are required to provide additional information to you about how we collect, use and disclose your information, and you may have additional rights with regard to how we use your information. We have included this California-specific information below. These rights may be subject to statutory and other legal exceptions or conditions.
CA Personal Information Sold or Disclosed For Business Purposes.
Exercising Your Rights. If you are a California resident and wish to exercise any of these rights, you may:
When submitting your request, you must include your first and last name, email address, and zip code or mailing address. You may be asked to provide additional proof of identification so that we can verify your identity and validate the request. Please note that you are limited by law in the number of requests you may submit per year.
We will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of products, or in connection with promotions or other offerings, based solely upon you exercising your rights to your CA Personal Information.
Authorized Agents: To the extent that you elect to designate an authorized agent to make a request on your behalf, they must provide appropriate documentation including written signed permission from you, proof of your identity, and verification of their identity; or a valid, designated power of attorney as defined under the California Probate Code
Additional Notice to California Residents
If you are a California resident, you have the right to receive: a) information identifying any third-party company(ies) to whom Sony MCS may have disclosed, within the past year, personal information pertaining to you and your family for that company's direct marketing purposes; and b) a description of the categories of personal information disclosed. To obtain such information, please email your request to Privacy@sonymcs.com or contact us as described in the Questions section below. Requests must include a reference to “Your California Privacy Rights”.
Consent to Processing
Ci is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States with laws governing data collection and use that may differ from U.S. law, please be aware that information we collect will be transferred to and processed in the United States. By using Ci, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing, and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
Further Information for EEA Individuals
What rights do I have in relation to my personal data?
You may be entitled to ask Sony MCS for a copy of your information, to correct it, erase or restrict its processing, or to ask us to transfer some of this information to other organizations. You may also have rights to object to some processing, such as profiling we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent. These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your data. In some instances, this may mean that we are able to retain data even if you withdraw your consent.
Where we require personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional.
We hope that we can satisfy queries you may have about the way we process your data. If you have any concerns about how we process your data, or would like to opt out of marketing, you can get in touch at firstname.lastname@example.org.
If you have unresolved concerns you also have the right to complain to your local data protection authorities.
Which Sony MCS entity is my data controller?
The data controller for your information is Sony Media Cloud Services LLC.
Where will you send my data?
Where information is transferred outside the EEA, and where this is to a Sony MCS affiliate or vendor in a country that is not subject to an adequacy decision by the EU Commission, data is adequately protected by EU Commission approved standard contractual clauses, an appropriate Privacy Shield certification or a vendor’s Processor Binding Corporate Rules. A copy of the relevant mechanism can be provided for your review on request.