Linux for PlayStation 2 Community: Terms of Service

Playstation2-linux.com Terms of Service Agreement

1. ACCEPTANCE OF TERMS

All use of Playstation2-linux.com and any of its Services (as defined below) at any time is subject to Playstation2-linux.com's then-current Terms of Service ("TOS"), which may be updated from time to time as set forth below. Each user can review the then current TOS at any time at: http://playstation2-linux.com/legal/tos.php . In addition, each user's use of particular Services may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the TOS. A user's use of Playstation2-linux.com and/or its Services constitutes full acceptance of and agreement to the TOS. If a user does not accept our TOS, he or she is not granted rights to use Playstation2-linux.com or any of its Services and may not access Playstation2-linux.com and its Services.

If the user is employed by a developer, publisher, or tool and middleware company licensed by Sony Computer Entertainment, use of the site may also be subject to the terms and conditions of the relevant license agreement. All use of the Linux Kit is subject to the End User License Agreement which appears on the Linux (for PlayStation ® 2) package.

To update the TOS or any Service-specific Rules, we will both post the changed version and its effective date at http://playstation2-linux.com/legal/tos.php . Concurrently with any change to the TOS, we will email notice of the change to known users at least 15 days in advance. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service and include a link to the previous version of the rules.

SCEA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Playstation2-linux.com or any Service with notice to users and as described above.

2. DESCRIPTION OF SERVICE; NO WEB ACCESS

Playstation2-linux.com is a website owned by Sony Computer Entertainment America Inc. ("SCEA"), and operated by both SCEA and Sony Computer Entertainment Europe ("SCEE") collectively “Sony” for the purpose of fostering software development with Linux (for PlayStation 2) (the "Purpose"). Playstation2-linux.com currently offers users access to a rich collection of on-line resources for PlayStation 2 Linux software development and content creation, including various communications tools, source code control and project management tools, online forums and personalized content through its network of properties (collectively, the "Services"). To use the Services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.

3. REGISTRATION OBLIGATIONS

Each user must: (i) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data") and (ii) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.

Upon completing the Service's registration process each user will receive a project consisting of a discrete location on the website (the "Project") controlled by the user's specific password and account designation. Each user is wholly responsible for maintaining the confidentiality of this password and account designation and wholly liable for all activities occurring thereunder.

4. CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not Playstation2-linux.com, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via Playstation2-linux.com or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on Playstation2-linux.com and/or any Service which, in the opinion of Sony, are prohibited by law, or may subject Sony or the party posting the Content to claims or litigation. See Indemnification section below and your respective Sony agreement for full terms.

Sony attempts to ensure that the Content on Playstation2-linux.com is complete and current. As indicated in the DISCLAIMERS set forth below, Sony does not guarantee that the information contained on Playstation2-linux.com will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Sony reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.

Playstation2-linux.com will not pre-screen or review Content, but Playstation2-linux.com reserves the right to refuse or delete any Content of which it becomes aware which it reasonably deems not to fulfill the Purpose. In addition, Playstation2-linux.com shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content which it reasonably considers to violate the TOS or be otherwise illegal. Playstation2-linux.com, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined necessary by us to protect the rights, property or personal safety of Playstation2-linux.com, its users and the public. Playstation2-linux.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

Each user, by using Playstation2-linux.com or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any such Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Use of Content Posted on Playstation2-linux.com

Use, reproduction, modification, and other intellectual property rights to data stored in Concurrent Version Systems ("CVS") or as a file release and posted by any user on Playstation2-linux.com shall be clearly marked with the licensing arrangements applicable to such Content. For the avoidance of doubt, any material which has not been marked with licensing arrangements for other users may not be copied or distributed by any other user without the express written consent of the submitting user.

The submitting user warrants that he has all rights necessary to authorize the copying and distribution of posted content. If such content is challenged as infringing, the submitting user agrees to provide Playstation2-linux.com with additional information reasonably needed to resolve the challenge.

With respect to all content on the site excluding user submissions, the copyright in such content is owned by Sony and may require written permission for use. Portions of the site requiring written permission for use will be so marked.

With respect to Content posted to private areas of Playstation2-linux.com, i.e., private Playstation2-linux.com development tools or Playstation2-linux.com Mail, and where the content is not a derivative work the submitting user may grant to Sony or other users such rights and licenses as the submitting user deems appropriate.

Content located on any Playstation2-linux.com -hosted subdomain which is subject to the sole editorial control of the licensee of such subdomain, shall be clearly marked with the licensing arrangements applicable to such Source Code.

5. NO RESALE OF SERVICE

You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.

6. GENERAL PRACTICES REGARDING USE AND STORAGE

Playstation2-linux.com may establish general practices and limits concerning use of the Services, as defined by posted Service-specific Rules. While Playstation2-linux.com will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Playstation2-linux.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. Playstation2-linux.com reserves the right to mark as "inactive" and archive accounts and/or projects that are inactive for an extended period of time. Playstation2-linux.com reserves the right to change these general practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

7. TERMINATION

A user's account may be terminated for reasons that include, but are not limited to, the following: (i) violation of these TOS; (ii) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (iii) use of Service in a manner inconsistent with the Purpose; (iv) a user's request for such termination; and (v) requirement of applicable law, regulation, court or governing agency order.

Playstation2-linux.com's termination of any user's access to Playstation2-linux.com or any Service hereunder may be effected without notice and, on such termination, Playstation2-linux.com may immediately deactivate or delete user's account and/or bar any further access to such files, that Service or Playstation2-linux.com. Playstation2-linux.com shall not be liable to any user or other third party for any termination of that user's access or account hereunder.

Notwithstanding the foregoing, unless prohibited by law or judicial or governmental order, Playstation2-linux.com shall make reasonable efforts to make available all information in a user's account to that user prior to deleting that account or marking that account "inactive", including emailing to the affected user 15-days prior notice of such termination and the location of such user's information, and retaining all information for at least 15 days after emailing such notice.

8. LINKS

Playstation2-linux.com may contain links to other websites that are neither owned nor operated by Sony (although some such sites may have an affiliation with Sony) (collectively, "Third Party Sites"). Playstation2-linux.com exercises no control whatsoever over such other Websites and Web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Such links are provided for your convenience only. Sony makes no representations whatsoever about any Third Party Sites which you may access through Playstation2-linux.com, as Sony has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on Playstation2-linux.com or the Third Party Site is granted or implied. Playstation2-linux.com shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. You are encouraged to review the applicable privacy policies of such Third Party Sites.

9. INTERNATIONAL USE

Sony makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

10. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Each user shall indemnify, defend and hold harmless Sony and its affiliates and their respective officers, employees and agents, and any of Sony's Playstation2-linux.com partners from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of Playstation2-linux.com, his or her submission, posting or transmission of Content and his or her violation of the TOS.

EACH USER'S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND PLAYSTATION2-LINUX.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. PLAYSTATION2-LINUX.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, PLAYSTATION2-LINUX.COM MAKES NO WARRANTY THAT (i) PLAYSTATION2-LINUX.COM OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

SONY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO PLAYSTATION2-LINUX.COM OR ANY SERVICE. IN NO EVENT SHALL SONY'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN SONY AND ANY USER OR OTHER PERSON OR ENTITY, NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, SONY DOES NOT AND CANNOT CONTROL THE ACTIONS OF PLAYSTATION2-LINUX.COM USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE WHICH COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO PLAYSTATION2-LINUX.COM OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE 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 ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY SONY OR OTHERS.

11. TRADEMARK INFORMATION

"Sony," the "PlayStation," and "PS" logo and other Sony trademarks, service marks, and product and service names are trademarks and goodwill of Sony (the "Sony Marks"). Playstation2-linux.com site may contain other marks of other owners. Users may not display or use the Sony Marks without the express permission of Sony.

12. COPYRIGHTS-DIGITAL MILLENNIUM COPYRIGHT ACT

Playstation2-linux.com respects the intellectual property of all parties and we ask our users to do the same.

Sony respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.

If you believe your work has been copied and is accessible on this site in a way that may constitute copyright infringement, please provide notice to our Designated Agent. The notice must include the following information as provided by the Digital Millennium Copyright Act, 17 U.S.C. 512 (c) (3):

1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4.Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5.A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6.A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.The Designated Agent for notice of copyright infringement claims may be reached as follows:

By Mail:
ATTN: Legal Department - SCEA
919 East Hillsdale Blvd., 2nd Floor
Foster City, CA 94404
By Phone: 650-655-8000
By email: Playstation2-linux.com Support Manager at admin@playstation2-linux.com.

Counter notification to Claimed Copyright Infringement

If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Designated Agent. The counter notification must provide the following information:

1.Physical or electronic signature of the subscriber;

2.Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3.A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

4.The subscribers name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

5.Sony will terminate all account holders and subscribers who are repeat infringers of intellectual property laws.

13. Comments & Questions

Please address any other comments and questions to the Playstation2-linux.com Support Manager at admin@playstation2-linux.com.

14. GENERAL INFORMATION

The TOS constitute the entire agreement between each user and Sony and govern each user's use of the Service. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The TOS and the relationship between each user and Sony shall be governed by the laws of the State of California without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, California. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.