Извещение}

SOE может известить вас посредством размещения общего уведомления на The Station, отправки соответствующего сообщения на адрес вашей электронной почты, записанный в информации вашего аккаунта (если вы являетесь членом Station.com) или же в форме письменного извещения, отправленного по почте первым классом с предоплатой или посредством почтового курьера, по адресу, указанному в информации вашего аккаунта (если вы являетесь членом Station.com). Вы можете известить SOE при помощи электронного письма, отосланного по адресу: accounts@soe.sony.com или же в форме письменного извещения, отправленного по почте первым классом с предоплатой или посредством почтового курьера по адресу: Sony Online Entertainment Inc., 8928 Terman Court, San Diego, CA 92121. Тема: Аккаунты.

Прекращение действия договора

И вы, и компания SOE, имеете право в любой момент прекратить действие настоящего Соглашения. Суммы, уплаченные за любой период подписки, а также авансовые платежи не подлежат полному или частичному возмещению. Вы имеете право прекратить действие настоящего Соглашения, перестав использовать The Station. Мы имеем право прекратить действие настоящего Соглашения, попросив вас перестать использовать The Station и, при необходимости, ограничив ваш доступ к The Station. После прекращения действия настоящего Соглашения вы лишаетесь прав на использование The Station и ее услуг. Вашим единственным правом при неудовлетворенности услугами The Station является право на прекращение действия настоящего Соглашения, включая, но не ограничиваясь, неудовлетворенность, связанную с (1) любыми условиями и положениями настоящего Соглашения или любой политикой или методом, используемой SOE при управления The Station; (2) данными, содержащимися на The Station или любыми изменениями в них; или (3) количеством либо типом сборов, либо методов расчета, или любым их изменением. Не ограничивая вышесказанное, SOE имеет право без предварительного извещения немедленно разорвать настоящее Соглашение и/или полностью или частично ограничить ваш доступ ко всей The Station или любой ее части, если SOE сочтет любое ваше действие или поведение неприемлимым или нарушающим условия и положения настоящего Соглашения или любой политики или руководящих принципов, размещенных компанией SOE на The Station, или же, если SOE, по своему усмотрению, расценит ваше поведение как вредное для SOE, других членов Station.com или прочих пользователей The Station. SOE сохраняет за собой право отказать любому физическому лицу в регистрации на Station.com, а также ограничить доступ любого физического лица к The Station. Все разделы общих положений и условий настоящего Соглашения сохраняют силу после прекращения действия настоящего Соглашения.

Освобождение от материальной ответственности

Вы соглашаетесь освободить SOE, Sony Family и всех связанных с ними служащих, директоров, владельцев, агентов, работников, поставщиков информации, дочерние фирмы, лицензиаров и лицензиатов (далее, в собирательном значении – «Освобожденные стороны») от любой ответственности и денежных затрат, включая, без ограничения, расходы на услуги адвоката, понесенные Освобожденными сторонами в связи с любой претензией, вызванной (1) нарушением вами настоящего Соглашения или любого предшествующего положения, гарантии и заверения либо (2) использованием вами The Station, включая, без ограничения, все коммуникационные услуги SOE

Налоги

Возможно, от вас потребуется зарегистрировать стоимость любых полученных вами призов, как налогооблагаемую прибыль. Чтобы забрать приз, вы должны будете предоставить действительный номер социального страхования или иной идентификационный номер налогоплательщика и прочую информацию, обоснованно затребованную компанией SOE. SOE и/или любой спонсор, предоставивший конкретный приз, имеет право сообщить о стоимости этого приза в федеральные органы налогообложения и/или органы налогообложения штата.

Вопросы юрисдикции

Этот сайт контролируется и управляется компанией SOE из своих офисов, находящихся в штате Калифорния, США. SOE не гарантирует, что материалы этого сайта будут иметься в наличии и соответствовать требованиям при загрузке из других стран и регионов. Все лица, подключающиеся к The Station из других мест, делают это по собственной инициативе и самостоятельно несут ответственность по местным законам, если таковые имеются и применимы к подобным действиям. Программное обеспечение, находящееся на The Station, подлежит экспортному контролю США. Никакая часть программного обеспечения The Station не может загружаться или иным способом экспортироваться или реэкспортироваться (1) в Кубу, Ирак, Ливию, Северную Корею, Иран, Сирию и любую другую страну, на которую правительство США наложило эмбарго (этот запрет распространяется также на всех граждан и резидентов этих стран); или (2) любому лицу, занесенному Министерством финансов США в список граждан, к которым применяются штрафные санкции, или входящему в Перечень Министерства торговли США по запрету на торговлю. Загружая это программное обеспечение, вы даете гарантию, что не находитесь в, под контролем, или не являетесь гражданином либо резидентом такой страны или не входите в подобный список.

Разное

Настоящее Соглашение представляет собой полное соглашение между SOE и вами в отношении предмета обсуждения и заменяет собой все предыдущие соглашения, заключенные сторонами касательно предмета обсуждения, будь то в письменной или устной форме. Настоящее Соглашение подлежит толкованию в соответствии с законами штата Калифорния, и действует в соответствии с коллизионным правом штата Калифорния. Настоящим вы даете согласие на персональную юрисдикцию федеральному суду и суду штата, заседающим в штате Калифорния. Никакое освобождение любой из сторон от ответственности за нарушение или несоблюдение условий настоящего Соглашения не должно освобождать эту сторону от ответственности за любое другое предшествующее или последующее нарушение или несоблюдение условий настоящего Соглашения. Заголовки статей используются исключительно для удобства и не должны влиять на толкование настоящего Соглашения. Если любое положение условий настоящего Соглашения окажется незаконным, устаревшим или по любой причине не применимым в принудительном порядке, то такое положение должно считаться делимым от этих условий и не должно повлиять на юридическую силу и правомочностью остальных положений.

Юридическая информация и сведения об авторском праве

Our Sales Policies}

A. THE STORE

Users of The Station who have a Station Account can purchase (or in some circumstances redeem through the use of Station Cash (as described in Section VII(F) below)) SOE products and services, such as digital game downloads, physical copies of games, and other products such as magazines and collectibles at https://store.station.sony.com or via in-game or other online purchase mechanisms (the "Store"). Once you have finished browsing, you will be required to log into your Station Account before proceeding to checkout. Prior to the submission of your order, you will be required to submit shipping selections, billing and payment information. Your order will not be completed unless and until you have affirmatively accepted this Agreement and our Privacy Policy by checking the applicable boxes on the Store order form. As further described below, you will receive an e-mail from SOE confirming your purchase.

Items offered for sale and/or redemption through the Store are for personal use only. All orders of a particular item are subject to quantity limitations (usually five (5) items or less in the case of physical goods). We reserve the right to cancel orders that appear to be for commercial or retail use. These restrictions apply to orders placed by the same customer or Station Account, those using the same credit card, or those using the same billing/shipping address. In the event your order is canceled, we will attempt to notify you using the e-mail provided with your order.

B. USE OF METHODS OF PAYMENT AND GAME CARDS

SOE's commerce systems use secure socket layer encryption technology when you transmit payment information (e.g. your credit card number) to us. For US Dollar payments, we accept Visa, MasterCard, American Express, Discover, and JCB. For non-US Dollar currencies, SOE offers a variety of payment methods in currencies such as Euros, Pound Sterling, Japanese Yen, Swedish Krona, Danish Krone, Norwegian Krone, Swiss Franc, and Australian Dollars. In addition, we may permit you to redeem your Station Cash for certain designated products or services offered through the Store.

If you have elected to purchase any SOE products and/or services (including any Virtual Goods) through SOE's commerce systems, upon your acceptance of these terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges, plus any applicable taxes we are required to collect, and you authorize us to do so. Any prices posted in US Dollar or non-US dollar currencies by SOE on the Store do not include any applicable sales tax, unless specifically noted that it is tax-inclusive. If you elect to redeem Station Cash and/or any promotional code in exchange for any products and/or services (including any Virtual Goods), you acknowledge that the applicable promotional code and/or required Station Cash will then be permanently consumed and converted into the purchased product(s) and/or service(s). The Station Cash value posted by SOE on the Store for any product or service being offered for redemption is inclusive of the applicable sales taxes therefor.

With respect to the purchase of any games, services, or Virtual Goods through SOE's commerce systems, you will be required to review and accept the applicable end user license agreement for such games, services, or Virtual Goods prior to submitting your order. Where and to the extent required by applicable laws, you will be able to verify and modify your order information before confirming your order. After the submission of your order, you will receive an e-mail receipt from SOE providing full details of your purchase. Please print a copy of such e-mail for your records. You hereby agree to receive all notices and records from SOE in electronic form, and you acknowledge that you will only be entitled to receive notices or records from SOE in paper form by contacting us directly and making such request.

Thereafter, if you have purchased or redeemed a subscription- or membership-based product or service, each time your subscription or membership comes up for renewal, we have the right to charge your credit card or debit your account the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. All charges made to your credit card or debits to your account can be viewed by you under the Payment History section of SOE's customer account management web site. If we are unable to process your credit card or debit your account at a renewal period, your subscription or membership may be immediately terminated and your access to the applicable product or service shall be limited to the use of "free of charge" functions, if any. SOE reserves the right to change the fees or applicable charges and to institute new charges at any time, upon at least ten (10) days prior notice to you (which notice may be provided by e-mail or through posting such notice on The Station).

You can stop the automatic renewal of your subscription or membership services at any time by logging into SOE's customer account management system, clicking on the "Subscriptions Info" or "Membership Info" button, and then click on the "Cancel" button for the subscription or membership you wish to stop, then click the "Yes" button to confirm your cancellation of service. So long as you elect to stop the automatic renewal of your subscription or membership at least three (3) business days prior to your next monthly cycle, you will not be billed the applicable fees for such next billing cycle. In the event you cancel your subscription or membership service, SOE will not refund any fees already paid or owed by you.

You may purchase or redeem SOE game cards through the Store which provide you with pre-paid access to various games for a specified subscription period (each a "Game Card"). If we make a Game Card available and you use a Game Card to pay for subscription or membership services through the Store, the Game Card shall activate your subscription or membership service for the period stated on the Game Card and, thereafter, you will either need to provide an additional payment method accepted by SOE or purchase another Game Card for subsequent subscription or membership periods, or your subscription or membership will be terminated.

C. REFUNDS AND RETURNS POLICY

In the event that you have purchased any packaged goods from SOE, you may return such packaged goods to us for any reason within thirty (30) days of shipment for a full refund, less shipping and handling charges. No refunds will be made for purchases of Virtual Goods (including purchases of Station Cash), items that are downloadable or opened, that are received by us more than thirty (30) days after delivery or that were obtained using Station Cash. Downloaded products or account keys purchased to activate or unlock downloaded software are non-refundable at any time. Refused orders will be treated as a return, with the same policy that applies to returned items.

Prior to returning your merchandise, please send an e-mail to returns@station.sony.com if you need to report a damaged order, or if you need to request an exchange.

Unless you have requested an exchange, you can expect a refund in the same form of payment originally used for purchase within thirty (30) days after we receive your return. If a package is (i) undeliverable (including those for which the shipper cannot locate the intended recipient, resulting in the order being returned to sender or abandoned) or (ii) refused (including instances in which the recipient is unwilling to pay any applicable taxes or duties which results in the order being returned to sender or abandoned), shipping and handling charges shall nonetheless be due and payable. All undeliverable or refused orders will be treated as a return, with the same policy applied as returned items.

Please indicate the reason for your return, include the packing slip which was enclosed with your original order detailing the items you purchased, and wrap the package securely. If you do not have your packing slip, please indicate on a separate piece of paper the order number, the name, address, and e-mail address of the person who purchased the order, along with the reason for the return. Enclose this with the returned item, and send the entire package to the following address:

Sony Online Entertainment LLC Returns

1915 10th Ave. W

Mobridge, SD 57601

USA

For your protection, we recommend that you use UPS or Insured Parcel Post for your shipment. If you would like to contact us directly, please contact customer service.

D. ORDERING AND CANCELLATIONS

You can check the orders you've placed under the Payment History section of SOE's customer account management web site. You will receive an e-mail after shipment has occurred that contains the tracking number of your package and a link to the carrier's web site.

Due to the high demand for our products and the short time between when you place your order and when we ship it, we cannot accept cancellations. Once you have submitted an order on-line through the Store, the purchase of an account key for downloadable software unlocks the product and is not reusable, and therefore cannot be cancelled or refunded once purchased. However, you can return packaged items in accordance with our return policy described above.

E. PRE-ORDERS

From time to time, pre-ordering of our products may be permitted through the Store. You will receive two e-mails from us during the pre-ordering/shipping process. The first e-mail you receive will be a verification of receipt of your pre-order. The second e-mail will notify you when your pre-order has been upgraded to an order, which will allow you to track its progress on the Account History page.

In order to change your shipping or billing information submitted with respect to a pre-order, or the quantity of products pre-ordered, you will need to cancel your original pre-order (with the outdated information) and place a new pre-order using your updated information. You can make this change by choosing the Billing Info link associated with your Station Account on www.store.station.sony.com. However, you will not be able to change your shipping or billing information, or change a pre-order, once such pre-order has been upgraded to an order.

Our pre-order products each have different projected release dates. This prevents us from combining these items together in a single order. If one of the products were to be delayed, your entire order could not be shipped until all items were in stock. So, we handle pre-orders individually to ensure you receive your pre-order products in a timely manner. The only way around this is to pre-order the items separately, allowing us to ship each order individually as they become available, or to wait until all the products have been released before placing your order. At that time you will be able to add multiple products to your order.

Please review the product description page to confirm the most current projected release date; we do not ship products prior to the release date. Please keep in mind that all release dates are estimates only and are subject to change.

Pre-order of digitally delivered products and services are subject to the terms of each such offer. Please be advised that download speeds may vary greatly depending on factors such as your internet connection and the traffic to our servers at any particular time.

F. SHIPPING

For physical goods which are in stock, such orders are usually shipped within 1-2 business days of the order being received. Delivery times are from the date the order is shipped and are dependent upon the mode of shipping selected. If you are unable to view the tracking information provided through the UPS site (located at http://ups.com/), your package may not have been scanned into the UPS system. If your order does not arrive within fifteen (15) days of receiving the e-mail titled Your Station Store.com Order Has Shipped, please send an e-mail with your name (as it appears in your billing information) and order number to returns@station.sony.com with your name and order number for assistance. In the event that your order is not delivered within thirty (30) days from the date on which it was shipped, you shall be entitled to claim a refund for such undelivered goods and SOE shall have the right to cancel your shipment. Claims for refunds will be reviewed and approved by SOE according to the UPS claims policies available on the UPS site from time to time.

Due to space limitations, the confirmation e-mail may cut-off some letters or characters. Street address lines display up to thirty (30) English characters on the UPS shipping label. Before reporting that your address is incomplete, please log in to the Store and click on the Billing Info section. Open the order that you are concerned about and verify that all of the information is accurate. To report missing characters or an incorrect address, please contact customer service. In most cases we will not be able to notify UPS of the address change until it arrives in your destination city. This may cause a minimum of one day delay in delivery. Please note that, if the purchaser entered the incorrect address (including zip code) or failed to enter an apartment or suite number, this delay will not be covered under the UPS delivery guarantee.

Occasionally taxes and duties charges may change between the time the pre-order is placed and when the order ships, based upon the area shipped to. These fees are your responsibility and are determined at the time of shipment. For shipments outside the United States, additional customs import duties and/or taxes may be applicable in the recipient country. Except as otherwise required by applicable law, the party receiving the shipment is responsible for paying any such customs duties and/or taxes. In addition to the fees described above, if you are a resident of a European Union country, you will also be charged any applicable VAT fees. Please check with your local government to determine what, if any, customs duties and/or taxes may be required; please check with United Parcel Service to determine what, if any, administrative or brokerage fees are applicable.

USPS is the only shipping method available for Military and P.O. Box addresses. Visit the UPS or USPS websites for more information about delivery times.

H. HOW TO CONTACT SOE CUSTOMER SERVICE

Users with Station Accounts which are not subject to Restricted Activation may contact Customer Service by e-mail or chat by completing the applicable form located through a link from our Knowledge Base.

If you wish to contact us about a return, please send an e-mail to returns@station.sony.com. Please see our return policy above for further details.

If you are a business customer of SOE located in any country in the European Union and you have purchased any SOE product and/or service, you have the right to request an itemized invoice for your purchase which separately details any VAT paid in connection with such purchase. You may execute such request by contacting customer service, as described in this section. Whether

you are a business customer or an individual customer of SOE, you are entitled to have access to a copy of your invoice, at any time upon request, when such invoice is for an amount above Euros 120.

Additional support information is available Monday to Friday 10 a.m. – 7:00 p.m. PST via phone at:

(858)-790-7827 for Star Wars Galaxies; and

(858)-537-0898 for EverQuest, EverQuest II, EverQuest Online Adventures, PlanetSide, Matrix Online, Vanguard, Pirates of the Burning Sea; and

(858)-790-5200 for Free Realms.

International Phone Support:

United Kingdom
44-870-600-0267

French
33-825-120-549 (within France)
33-171-230-495 (French support outside of France)

German
49-180-500-7774

Spanish
34-912-754-643

Intellectual Property}

A. GENERAL

The Station, including, without limitation, all SOE Communication Features, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of The Station and each area contained therein are copyrighted as a collective work under the United States copyright laws. SOE owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on The Station (including, without limitation, content that The Station enables you to download) without the express written permission of SOE and any other applicable owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice may be made. The downloading of copyrighted material from The Station is allowed by you only for your own use. You acknowledge that SOE and/or third-party content providers remain the owners of all materials posted on The Station, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

SOE hereby grants to each Station game subscriber or member that is in good standing (i.e. a subscriber or member (1) who is current in his or her payment of all applicable fees for their use of the games and services on The Station to which he or she subscribes and (2) who is not otherwise in breach of this Agreement) (each, a "Game Subscriber"), such grant to be automatically revoked as of the moment that the subscriber's account is no longer in good standing, a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use (a) the relevant SOE game name, and (b) trademarks and copyrighted material from the applicable game, including non-player character (NPC) names and images, deity and monster names and images, geographical names, item names and images, character names and images, background art, and screenshots containing any of the foregoing (collectively, the "SOE Game Property"), solely to be used for material (for example, so-called "fan fiction" and "fan artwork") that the Game Subscriber posts to and/or transmits through SOE Communication Features ("GameLicensed Content") in accordance with this Agreement -- and for no other use. Each Game Subscriber undertakes to SOE that any Game Licensed Content that he or she provides shall comply in all respects with this Agreement.

B. COPYRIGHT AND TRADEMARK NOTICES

All contents, games and other information offered on or through The Station are subject to copyright and trademark protections, as detailed in our Legal and Copyright Notices.

C. Fan Sites

1. Solely in connection with your fansite or your fansite pages dedicated to the games that SOE develops, publishes and/or distributes, we may (in our sole discretion) grant you, on a non-exclusive and non-sublicensable basis, permission to reproduce and redistribute on the fansite to end users, certain SOE and Third Party Provider game-related images, graphics or artwork (the "SOE Fansite Content") and certain SOE and Third Party Provider trademarks and logos (the "SOE Marks") that SOE may expressly designate "for fansite use" on fansite pages at www.station.com or its associated game sites, so long as you comply with the terms and conditions described here and on the fansite pages, as those terms and conditions may be modified from time to time in accordance with this Agreement. You acknowledge and agree that SOE shall have the right to amend, delete, add to or otherwise modify any SOE Fansite Content used or accessed by you in accordance with this Section VII(C)(1).
2. As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to SOE that the fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of the game, SOE, its parent or affiliate companies, or its officers or employees. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, SOE may terminate the grant set forth in Section VII(C)(1). Your ownership in the fansite excludes the SOE Fansite Content and SOE Marks and excludes any derivative works based upon or including the SOE Fansite Content and/or SOE Marks. The fansite is not a "Joint Work" as that term is defined in the United States Copyright Act, Title 17 United States Code ("U.S.C."), and is not otherwise a joint, collective or collaborative work under any other applicable laws.
3. You agree to include SOE's trademark, copyright or other proprietary rights notices, as provided on the fansite page for the game referenced, when displaying SOE Fansite Content or SOE Marks, and agree to comply with usage guidelines that may be provided by SOE from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of SOE Fansite Content or SOE Marks, including in digital form; nor challenge SOE's or its Third Party Provider's ownership of the SOE Fansite Content or SOE Marks, nor use or adopt any trademarks that might be confusingly similar to such SOE Marks.
4. SOE reserves all rights, title and interest in and to the SOE Fansite Content and SOE Marks which are not expressly granted herein. You shall not rent, lease, reproduce, modify, translate or create derivative works of the SOE Fansite Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or content contained in the game or on The Station, without the express written permission of SOE. SOE does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the game or upon SOE Fansite Content or SOE Marks is expressly prohibited.
5. If you intend to charge a subscription or access fee to generate revenue from the fansite, we would require you to execute a simple license agreement with us. The limited permission granted here with respect to fansite use of certain SOE Fansite Content and SOE Marks does not cover such circumstances.
6. Fansites that quote an article or patch message from an SOE site (such as Harpy's Head Tavern or other game site associated with The Station) are requested to limit the quote to a paragraph or less and provide a link back to The Station or associated game site for the full article or message, rather than reproducing on the fansite the entire patch message or article. Permission to link from the fansite to Station.com or the associated game site is granted in such circumstances.
7. Subject to Section VIII(B)(4) below, under no circumstances will SOE be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. SOE reserves the right in its sole discretion to expressly refuse this permission to any particular fansite, or to revoke this permission at any time.

D. POLICY ON REPEAT INFRINGERS; AGENT FOR NOTIFICATIONS OF CLAIMED INFRINGEMENT

1. We respect the intellectual property rights of others and request that the people who use The Station do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, SOE has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the SOE online system or network who are repeat infringers. SOE may terminate access for content providers or forum participants (e.g., Station Voice, voice chat, universal chat, messenger type features, Message Boards, pagers, etc.) who are found repeatedly to provide or post protected User Content without necessary rights and permissions.
2. If you believe that your work has been copied and is accessible on The Station in a way that constitutes copyright infringement, you may notify us by providing our copyright agent (specified below) with the following information in writing and in the form required by 17 U.S.C. 512 of the United States Copyright Act:
3. The date of your notification;
4. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
5. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted are to be covered by a single notification, a representative list of such works;
6. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
7. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
8. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
9. To the extent applicable, a copy of any correspondence addressed to the author or the editor of the allegedly infringing User Content asking for its removal or modification to make it non-infringing, or any justification for being unable to contact the relevant author or editor; and
10. A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
11. Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512 (c) of the United States Copyright Act and other applicable laws: Address: Sony Online Entertainment LLC, 8928 Terman Court, San Diego, CA. 92121. Name of Agent Designated to Receive Notification of Claimed Infringement: Office of the General Counsel. Address of Designated Agent to which Notification Should be Sent: Sony Online Entertainment LLC, 8928 Terman Court, San Diego, CA. 92121. Telephone Number of Designated Agent: (858) 577-3100. Facsimile Number of Designated Agent: (858) 577-3356. E-mail Address of Designated Agent: gcagent@soe.sony.com. This e-mail address is intended solely for the receipt of legal "Notifications of Claimed Infringement" under the Digital Millennium Copyright Act of 1998, as codified in 17 U.S.C. 512 and other applicable laws. It is not intended for general inquiries and permission requests concerning the use of SOE content.

E. SUBMISSIONS, FAN FICTION, ARTWORK, CONTENT, AND PHOTOGRAPHS

1. SOE is pleased to hear from its customers and welcomes your comments regarding SOE's online services. Unfortunately, however, SOE's long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by SOE's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
2. Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that you not do so (other than Content transmitted on SOE Communication Features) and any and all Licensed Content (collectively, "Submissions") shall be deemed, and shall remain, the property of SOE from the time of uploading or transmission. Accordingly, SOE shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions of every kind and nature, in perpetuity, throughout the universe and you hereby assign to SOE as a present assignment of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Submissions are not assignable, you agree that SOE shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission, including sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by SOE and/or its licensee(s) of any Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein. If you provide any Submission, you promise that you are eighteen (18) years of age or older; if you are under eighteen (18) years of age, you must first contact SOE at accounts@soe.sony.com to obtain an agreement for your Parent to sign. You agree at SOE's request to execute such further documents and do such further acts as may be necessary or desirable to document, perfect, register, or enforce SOE's ownership of the Submissions, including, without limitation, execution of a copyright assignment in a form provided by SOE in its sole discretion. If you fail or refuse to execute any such documents, you hereby appoint SOE as your attorney in fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf and to execute, deliver, record and file such documents.
3. If you upload any photograph, video, or audio file to or through any SOE Communication Feature, to the extent permitted by applicable laws, you (i) grant to SOE the non-exclusive, worldwide right to use, post, publish and display such material on The Station, without royalty or compensation of any kind, (ii) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, video, or audio file, (iii) promise that the material is either a picture, video, or audio file of you or that duplication and distribution of the material will not violate any right of or require any compensation to any person or entity, (iv) promise that you are the copyright owner of the material or have all rights necessary to authorize its unfettered use and distribution and (v) promise that you are eighteen (18) years of age or older. You understand that, once your photograph, video, or audio file is posted, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against SOE and release SOE from any and all liability arising from or related to the submission and SOE's or any third party's use or transmission of the photograph, video, or audio file.

F. STATION CASH AND OTHER VIRTUAL GOODS

1. Station Cash.

a. Obtaining Station Cash. If you have an active Station Account you may participate in our Station Cash service offering. Station Cash ("Station Cash") is an online redeemable point system which can be used to obtain certain products and services offered by SOE for redemption through our online Store. Station Cash can be acquired, used and redeemed in a variety of ways. For example, you may have the opportunity to acquire Station Cash by participating in and/or by completing certain tasks or objectives in one of our Station games such as EverQuest. We may also offer Station Cash to you for free through one of our promotional campaigns. In addition, we currently offer Station Cash to you for sale in-game or through The Station or at retail in the form of Station Cash Cards. Station Cash is sold in bundles and the price may vary depending on the amount you purchase and the location it is being purchased. Please note that any Station Cash you obtain through a Station Cash Card will not be usable until such time as you register it online with your Station Account. We may from time to time limit the amount of Station Cash you may obtain in your account balance at any one time or in the aggregate. We will notify you if you reach such limit. No sales tax is charged when purchasing Station Cash in-game or through The Station; however, sales tax may apply to your redemption of Station Cash for SOE products or services in some jurisdictions. The amount of tax charged depends upon many factors, including the type of product or service purchased. Redemptions of Station Cash for SOE products or service in the following jurisdictions may be subject to sales taxes: California, Colorado, Indiana, South Dakota, Texas, and Washington, and the European Union. Where applicable, SOE will deduct the required sales tax from the amount of Station Cash you redeem and SOE will remit the required amounts to the taxing authority. For your convenience, the Station Cash value posted by SOE for any product or service being offered for redemption already is inclusive of the applicable sales taxes therefor. Except as otherwise set forth herein or in our Sales Policy in Section VI above and subject to anything to the contrary under applicable laws, you are solely responsible for any tax consequences that may result from your acquisition, use or redemption of Station Cash.

b. License to use Station Cash. No matter how you obtain Station Cash, you acknowledge and agree that such Station Cash solely represents a limited license right to a virtual good which is governed by the terms of this Agreement, and that such Station Cash is non-transferable to another person or Station Account, has no cash value and is not redeemable for any sum of money or monetary value from SOE at any time. The Station Cash does not constitute a personal property right.

c. Redemption of Station Cash. From time to time SOE may offer opportunities for you to redeem your Station Cash (e.g., at the Store or while playing a game on The Station) for certain items or services provided that you have a sufficient balance to do so. While your Station Cash does not have any set expiration date, please be aware that SOE may from time to time cease, without notice to you, to continue to offer an item or service in exchange for your Station Cash. As such, if you see an item or service being offered by us for redemption that interests you, we strongly encourage you to redeem your Station Cash for such item or service as soon as possible. Similar to an ATM machine, in order to protect against theft, we will from time to time limit the amount of Station Cash you may redeem or purchase at any one time, day or week. We will notify you if you reach such limits. Once you redeem your Station Cash, the amount redeemed will be deducted from your balance. We will not reinstate any deducted Station Cash except in limited circumstances at our sole and absolute discretion after investigation.

d. Corrections. You are solely responsible for verifying that the proper amount of Station Cash has been added to or deducted from your Station Account. You can view your Station Cash balance from within any of our products or services that accept Station Cash for payment. If you believe that a mistake has been made with respect to your Station Cash balance, please contact us immediately so that we can investigate the matter. Note that we may require additional information and/or documentation to verify your claim. We will let you know the results of our investigation, however, you acknowledge and agree that we have sole and absolute discretion in determining whether or not your claim is valid and if so the appropriate remedy.

e. Improper Usage of Station Cash. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Station Cash or access thereto if we suspect, after investigation, that you have misused the Station Cash service or have otherwise used the Station Cash service to conduct any fraudulent or illegal activity.

2. Virtual Goods Generally.

You agree that SOE retains the unfettered right to modify its games and all aspects of characters, items, points and coin, including Station Cash (collectively, "Virtual Goods") therein. You acknowledge that SOE has been, is, and will be constantly making changes to its games. You further acknowledge that SOE can and will, in its discretion, modify features, functions or abilities of any element of any of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by the terms of this Agreement, and are not redeemable for any sum of money or monetary value from SOE at any time.

SOE may authorize certain third party service provider(s) (and has designated Live Gamer Inc. ("Live Gamer")), as a permissible means through which you can barter certain transferable Virtual Goods with other Station Account holders (an "Exchange"). All transactions conducted through an SOE-authorized Exchange are processed by a third party service provider, such as Live Gamer, Inc., and your eligibility to participate in any such Exchange is governed by the terms of service, privacy policies and agreements implemented by Live Gamer, Inc. (or such other applicable SOE-Exchange) from time to time.

YOU PROMISE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST SOE, ITS LICENSOR(S) OR THIRD PARTY PROVIDERS, ANY COMPANY IN THE SONY FAMILY, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM ARISING FROM OR RELATED TO YOUR USE OF THE LIVE GAMER EXCHANGE (OR ANY OTHER APPLICABLE SOE-AUTHORIZED EXCHANGE), (II) A CLAIM ARISING FROM OR RELATED TO THE ACTS OR OMISSIONS OF LIVE GAMER, INC. OR ANY THIRD PARTY ACTING ON OR THROUGH THE LIVE GAMER EXCHANGE (OR ANY OTHER APPLICABLE SOE-AUTHORIZED EXCHANGE) (III) A CLAIM THAT YOU "OWN" ANY VIRTUAL GOODS IN ANY GAME, (IV) A CLAIM FOR THE "VALUE" OF VIRTUAL GOODS IF SOE DELETES THEM (AND/OR TERMINATES YOUR STATION ACCOUNT(S)), (V) A CLAIM FOR THE "VALUE" OF VIRTUAL GOODS THAT YOU MAY LOSE IF SOE DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THIS AGREEMENT, THE APPLICABLE GAME'S USER AGREEMENT AND SOFTWARE LICENSE, RULES OF CONDUCT, TERMS OF SERVICE AND/OR SOE'S PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR "BUGS" IN SOE's GAMES, AND/OR LIVE GAMER (OR SUCH OTHER APPLICABLE SOE-AUTHORIZED EXCHANGE) AND/OR (VI) A CLAIM THAT THE "VALUE" OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT SOE HAS MADE OR WILL MAKE. ALL OF THE ABOVE APPLIES WHETHER ON A LIVE GAMER EXCHANGE ENABLED SERVER OR ON A NON-LIVE GAMER EXCHANGE OR ON ANY OTHER SOE-AUTHORIZED EXCHANGE ENABLED SERVER.

G. SOFTWARE AVAILABLE ON THE STATION

1. Any software that is made available to download from The Station ("Software") is the copyrighted work of SOE and/or the Sony Family and/or Third Party Providers or other suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: SOE hereby grants to you, the user, a personal, non-transferable license during the term of this Agreement to use the Software for viewing and other use of The Station in accordance with this Agreement, and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained on The Station, is owned by SOE and/or the Sony Family and/or Third Party Providers or other suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
2. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN CONNECTION WITH YOUR PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH LICENSE AGREEMENT AND THIS AGREEMENT, THE LICENSE AGREEMENT SHALL CONTROL WITH RESPECT TO THE SOFTWARE ONLY. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AND SUBJECT TO SECTION VIII(B)(4) BELOW, SOE AND SOE'S THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Disclaimers: Limitations of Liability}

A. DISCLAIMER OF LIABILITY

1. SUBJECT TO SECTION VIII(B)(4) BELOW, NEITHER SOE, SOE'S THIRD PARTY PROVIDERS, THE SONY FAMILY, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE STATION, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "SOE PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE STATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE STATION OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE STATION, INCLUDING, WITHOUT LIMITATION, ALL SOE COMMUNICATION FEATURES.
2. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION VIII(B)(4) BELOW, THE STATION AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SOE PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE STATION, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE STATION, IS AT YOUR SOLE RISK.

B. LIMITATION OF LIABILITY

1. SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION VIII APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE STATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
2. IN NO EVENT WILL ANY OF THE SOE PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE STATION, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE STATION OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE STATION; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE STATION, EVEN IF SOE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SOE PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE STATION, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE STATION.
4. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION VIII MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE SOE PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH SOE PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT.
5. NEITHER THE SOE PARTIES NOR THE SONY FAMILY ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE STATION, INCLUDING, WITHOUT LIMITATION, ALL SOE COMMUNICATION FEATURES OF THE STATION, BY ANYONE OTHER THAN AUTHORIZED SOE EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL SOE, ANY SOE THIRD PARTY PROVIDER, THE SONY FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE STATION, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE STATION, INCLUDING, WITHOUT LIMITATION, ALL SOE COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE STATION, INCLUDING, WITHOUT LIMITATION, ALL SOE COMMUNICATION FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
6. NEITHER THE SOE PARTIES NOR THE SONY FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE STATION AND NONE OF THE SOE PARTIES OR THE SONY FAMILY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

General Terms}

A. NOTICE; CALIFORNIA COMPLAINT ASSISTANCE

1. Notices

You may give notice to SOE by electronic mail to accounts@soe.sony.com or by first class mail, postage prepaid, or overnight courier to Sony Online Entertainment LLC, 8928 Terman Court, San Diego, CA 92121. Attn: Accounts. SOE may give notice to you by means of a general notice on The Station, electronic mail to your e-mail address on record in SOE's account information (if you are a Station member), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in SOE's account information (if you are a Station member). You may give notice to SOE by electronic mail to accounts@soe.sony.com or by first class mail, postage prepaid, or overnight courier to Sony Online Entertainment LLC, 8928 Terman Court, San Diego, CA 92121. Attn: Accounts.

2. California Complaint Assistance

Under California Civil Code Section 1789.3, California users of The Station receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.

B. TERMINATION

Either SOE or you may terminate this Agreement and your Station Account at any time. Fees paid for any subscription or membership term or pay-per-use are paid in advance and are not refundable in whole or in part. You may terminate this Agreement at any time by not using The Station. However, to terminate a game, feature or service account or subscription for which you have subscribed, you must affirmatively terminate each such game account, feature or service in accordance with the terms and conditions for each such game, feature or service. Termination of your Station Account does not necessarily terminate your game, feature or service account or recurring subscription or membership fees and you will continue to incur and be responsible for recurring payment of such fees until you affirmatively terminate each such game account, feature or service in accordance with all applicable terms and/or end user license agreements therefor. We can terminate the Agreement by asking you to stop using The Station, and, if necessary, by preventing your access to The Station and/or your Station Account. Upon termination of this Agreement, you shall have no further rights to use The Station or its services. Your only right and remedy with respect to any dissatisfaction with The Station is to terminate this Agreement and your Station Account and use of the Sites and SOE Communication Features, including, without limitation, any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of SOE in operating The Station, (ii) content available through The Station, or any change therein, or (iii) the amount or type of fees or billing methods, or any change thereof. Without limiting the foregoing, SOE shall have the right to terminate this Agreement with you, effective immediately, and/or terminate or temporarily suspend your access to your Station Account and/or all or any part of The Station, without notice, in the event of any conduct by you which SOE, in its sole discretion after investigation, considers to be unacceptable, or for conduct that SOE believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by SOE on The Station, or for other conduct which SOE believes, in its sole discretion, is harmful to SOE, other Station members or other users of The Station. SOE reserves the right to deny registration of any individual as a Station member and to deny access to The Station to any individual. Sections IV(C), VI, VII, VIII and IX shall survive termination of this Agreement in perpetuity.

C. INDEMNIFICATION

You agree to indemnify and hold harmless SOE, the Sony Family, the Third Party Providers, and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or any representations, warranties and/or covenants contained herein or (ii) your use of The Station, including, without limitation, your Station Account and all SOE Communication Features.

D. TAXES

You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by SOE. SOE and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.

E. JURISDICTIONAL ISSUES

This site is controlled and operated by SOE from its offices within the State of California, United States of America. SOE makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access The Station from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from The Station is further subject to United States export controls. No software from The Station may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

F. RESOLUTION OF DISPUTES

In order to expedite and control the cost of disputes, you and SOE agree that any legal or equitable claim relating to this Agreement (referred to as "Claim") will be resolved as follows:

1. Informal Resolution

You and SOE agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least thirty (30) days after one of us notifies the other of a Claim in writing. SOE will send its notice to your billing address, with a copy via e-mail to your e-mail address. You will send your notice to Sony Online Entertainment, 8928 Terman Court, San Diego, CA 92121 Attn: Legal Department. Please note that this informal resolution procedure does not suspend any timeframe available to you to exercise a warranty right (if any) or any statutory limitation periods applicable to the bringing of a Claim. Additionally, you may contact customer service.

2. Formal Resolution

If we cannot resolve a Claim informally, you agree to submit to personal jurisdiction in California and agree that any and all Claims you assert shall be exclusively brought in the appropriate state or federal court in the County of San Diego, State of California, provided that neither you nor SOE shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level. Notwithstanding the foregoing, SOE shall be free to bring any Claims, at its discretion, in any court of competent jurisdiction.

G. Miscellaneous

This Agreement is governed in all respects by the substantive laws of the State of California and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.