1.  Account

In order to use certain areas or features of the Services, you must first register for an Account. When you register for an Account, we may require you to provide us with certain information about yourself, your employer or institution, and your Sony product in order to participate. You agree to provide us with complete and accurate information as requested by us. We reserve the right to deny any application for an Account, to terminate your Account, or otherwise deny you access to the Services in our sole discretion and without notice or liability.

We may allow you to register for an Account by using your user account with certain third-party social network service(s) as designated by us (“Third-Party Service Account”). You must read all login and other pop-up boxes closely for notices about sharing your content and information with, through or by any other means identified when electing to create or login to an Account using a Third-Party Service Account. By using such features, you acknowledge that your use of a Third-Party Service Account is at your own option and risk, and you will hold the Sony Parties (defined below) harmless for the sharing of information relating to your activity on the Services.

You must promptly notify us, in a form separately designated by us, should there be changes to the information you provided to us. You may have the opportunity on some Services to update your Account information by following on-screen links and instructions to access the Account management page within the Service.

You are responsible for safeguarding your ID, password and any other information of your Account, including your Third Party Service Account, to prevent use by any other party.

You may have the opportunity to register others (including children) as a user of the Services under your Account up to the numbers permitted by us. (Please see our Privacy Policy for KOOV Mobile App for details on Child Accounts.) In such case, you shall affirm that you accept all legal and financial responsibility and liability for the actions of such user you registered under your Account and you hereby expressly ratify and confirm any acts of them. You may not otherwise use any other party’s Account when using the Services unless otherwise expressly permitted by us. Also, you may not sell, assign, or otherwise transfer your Account to any third party.

2.  Services

The Services include any and all materials and contents provided through, included in, or otherwise part of any Service and any and all related software, hardware, documents, data, properties, and updated or upgraded versions thereof provided or made available by us or our third-party licensors (collectively, “Related Properties”).

We may, at our sole discretion, add to, delete from, or modify the Services including the Related Properties. Such updates or modifications may delete or change the nature of features or other aspects of the Services. You acknowledge and agree that we may condition continued use of the Services upon your complete installation or acceptance of such update or modifications.

3. Prohibitions & Restrictions

Neither you, nor any third party access the Services under your Account, will access or use the Services (including, without limitation, posting any User Content (defined below)) in any way that:

• violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
• is deceptive or misleading;
• is abusive, threatening, or harassing to others, including stalking behavior;
• we, at our sole discretion, find offensive, hateful, or vulgar (including any content or communication that we deem racially, ethnically, religiously or sexually offensive, libelous, defaming, threatening, bullying or stalking);
• involves the organizing of hate groups;
• discloses or provides any personal information about you or any third party (including a name, password, contact information, or face image) unless otherwise expressly requested by us;
• we consider to be disruptive to other users’ use of the Services, including uploading, posting, streaming, or otherwise transmitting any unsolicited or unauthorized material, including spam or chain letters;
• impersonates any person, including a Sony or third-party employee;
• involves translating, reverse engineering, reverse compiling, disassembling or creating derivative works from/of the Services, including any Related Property, unless otherwise expressly permitted by us;
• is for your commercial purposes, unless otherwise permitted in writing by us;
• uses technology or other means to access to or use the Services in any manner not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized access to or use of the Services);
• introduces viruses or any other computer programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• damages, disables, overburdens, impairs, or permits gaining unauthorized access to the Services;
• encourages conduct that is violent, dangerous, would constitute a criminal offense or give rise to civil liability;
• violates these Terms or any guidelines or policies posted by us; or
• attempts to do or encourages others to do any of the foregoing.

If we determine at our sole discretion that you are violating any of these Terms, we may notify you, terminate your Account, and/or use any available measures to block or restrict your access or use of the Services (as well as any sub-users accessing the Services under your Account). In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services.

We have no obligation to monitor the Services or any User Content (defined below) made available via the Services (except as described in the Privacy Policy for KOOV Mobile App. However, you acknowledge and agree that we have the right to monitor the Services and any User Content you submit and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part in our sole discretion. We reserve the right to suspend or terminate your access to the Services at any time.

4. User-Posted Content

Some of the Services may include features that give you the ability to upload, post, share, or otherwise submit photos, videos, text and other materials you created (“User Content”).

(a) No Personal Information. Do not include any personal information of yourself or any third party in your User Content, such as name, address, contact information or face image. For more information regarding our monitoring process for User Content submitted through the KOOV app, please refer to the Privacy Policy for KOOV Mobile App.

(b) License & Representations. We do not claim ownership of the User Content. However, when you upload your User Content to the Services, you hereby acknowledge and agree that:

• you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, translate, publish, transmit, display and distribute (including without limitation by sub-licensing to third parties) such User Content in any and all media or distribution methods for any purposes whatsoever including, without limitation, developing, manufacturing. operating and marketing our products and services;
• you irrevocably waive all moral rights (and all similar rights in any jurisdiction) which you have now or may have in the future in respect of your User Content, even if the User Content or a derivative work is altered or changed in a manner not agreeable to you; and
• you represent and warrant that any User Content you provide or that is provided through your Account (i) complies with these Terms and any and all applicable laws and regulations, including, without limitation, that your User Content will not infringe any third party’s rights, and (ii) is non-confidential and that you have all necessary right and authority to submit that User Content.

Without limiting any other provision of these Terms, including the Prohibitions & Restrictions section above, all User Content must be original to you and you must have all rights in the User Content (or it must be in the public domain) OR all persons who contributed in any way or have any rights to your User Content must have given you permission to upload and distribute the User Content on the Services and in accordance with these Terms. Your User Content should not contain any visible logos or trademarks or other third-party materials, other than those owned by Sony and its licensors. Do not play or include any music, lyrics, or poetry in your User Content unless it is your original piece and performed only by you. No jingles, sampling or otherwise using existing music. Do not use any User Content that belongs to other people without authorization, irrespective of whether you credit the owner or pass it off as your own. This includes any content that you might have found elsewhere on the Internet.

(c) Confidentiality of and Responsibility for User Content.

You understand that your User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including, but not limited to, claimed intellectual-property owners. You understand that you are solely responsible for your User Content, however submitted. We do not control the User Content made available via the Services and therefore do not guarantee the accuracy, integrity or quality of User Content.

You agree that Sony has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its rights to your User Content. You agree and understand that the Sony is not obligated to post or use your User Content submitted through the Services, and may alternatively choose to discard or remove your User Content without any liability whatsoever (including, without limitation, in the event that any User Content provided through the KOOV app impermissibly includes personal information). Under no circumstances will we be liable in any way for User Content including, but not limited to, any errors or omissions in User Content, any loss of User Content or for any loss or damage of any kind incurred as a result of User Content. The Services are not designed as or intended to be used as a back-up, disaster recovery or emergency data storage facility. You are solely responsible for creating and maintaining copies of your User Content as back-ups prior to posting or uploading. We have no responsibility for the alternation, deletion, damages of or availability to access, upload or download the User Content.

5. Consent to Electronic Communication

By using the Services, you are consenting to receive certain communications relating to your Account or the Services from us via email. You agree that such communications relating to your Account or the Services (including any legal service of process or similar document related to any claim that you have used the Service to engage in any prohibited conduct hereunder) will satisfy any legal communication requirements, including that such communications be in writing.

6.  Linked Site

We may have websites and services linked to or from the Services, including advertisements and promotions of third parties and our affiliated entities (“Linked Sites”). Similarly, our Services may include third-party content that we do not control, maintain or endorse. For example, there may be links to our Services to Google, Facebook, and other third-party social media platforms. Linked Sites and other third-party content is/are independently owned and maintained by such third parties and are not under our control and/or supervision.  Use of Linked Sites shall be subject to the terms and conditions stipulated by the operator of each Linked Sites. We are not responsible for any loss or damage, however caused, in connection with the use of any Linked Sites and your access to any of the Linked Sites shall be at your own risk.  Nothing contained in the Services shall be interpreted as a recommendation and/or endorsement by us of the contents of the Linked Sites or any products and/or services appearing on and/or provided through such Linked Sites.  Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the Linked Sites and us.

7.  Intellectual Property Rights & Complaints

(a) Ownership & License

We and our licensors (as applicable) retain any and all rights, title and interest (including all intellectual property rights) with respect to the Services, (including all Related Property included in, developed in connection with, or otherwise part of the Services.)

Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable (except to any permitted sub-user legitimately accessing the Services through your Account) to access, view, download, and/or use the Services (including all Related Properties) on any device that you own or control for your individual, non-commercial use only and – if you are accessing the Services via the KOOV app on Apple’s iOS platform – as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, provided that: (i) you keep intact all copyright and other proprietary notices; (ii) you do not use the Services in a manner that suggests an association with any of our products, services or brands; (iii) you make no modifications to the Services; (iv) you do not and you do not allow, aid, abet, or encourage any third party (whether or not for your benefit) to: (A) to copy or adapt the object code of any software, HTML, JavaScript or other code that comprises any aspect of the Services (including any Related Property); or (B) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that a Service (including any Related Property) creates to generate its content; and (v) you do not insert any code or product to manipulate any Service in any way that affects any user's experience. You also agree that you will not, including by using any robot, scraper, or other data-mining technology or process, frame, mask, extract data from, copy or distribute any Service (except as may be a result of standard search engine or Internet browser usage).

We reserve all other rights to the Services (including all Related Properties). You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services without our permission. You also may not transfer, resell or sublicense this limited right to use the Services (except to authorized sub-users legitimately accessing the Services through your Account (e.g., your students) as permitted under the normal operation of the Services).

Notwithstanding the foregoing limited license grant, you acknowledge that the Services (including any Related Property) may include software having a separate end user license agreement, including, but not limited to, open source software, and any such software shall be covered by such applicable separate license agreement in lieu of these Terms to the extent required by such separate license agreement.

Should you install any software, app or other downloadable or retainable Related Property on a device and then return to its place of purchase, sell or otherwise transfer such device, or if these Terms are terminated, you are responsible for and must uninstall and delete the Related Property from such device.

(b) Copyright and Other Intellectual Property-Related Complaints

You may not use the Services for any purpose or in any manner that infringes the rights of any third party. We encourage you to report any content on the Services that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Services infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), we have a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (contact information set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material on the Services that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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; and (f) 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.

If you believe that any content on the Services contains content that violates your rights other than copyrights, please provide us with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Please send (a) your notice of claims of copyright infringement on or regarding the Services, or (b) a complaint regarding alleged violation of rights other than copyrights, to our copyright agent:

Copyright Agent
c/o Legal
Sony Electronics, Inc.
16535 Via Esprillo
San Diego, CA 92127
Phone: 1-866-935-7669
Email: KOOV-IP-COMPLAINTS@sony.com

We have a policy of terminating the accounts of users who we determine (in our reasonable discretion) are repeat infringers.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

We will provide the Account holder with notice if User Content posted by that Account holder or any sub-user of that Account has been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights.

8.  Privacy

By using the Services, you agree to the Privacy Policy that governs the applicable Service as posted on such Service. For the Privacy Policy applicable to web-based KOOV Services, please see www.sonyged.com/en/privacy. For the Privacy Policy applicable to the KOOV app, please see Privacy Policy for KOOV Mobile App.

9.  Termination; Cancelation; Suspension

If we determine, in our sole discretion, that you have (or any sub-user accessing the Services through your Account has) violated these Terms, we may – without notice or any liability to you – take all actions to protect our interests, including termination or suspension of your Account or other access to the Services or reliance on any other remedial efforts as necessary to remedy the violation.

Following such termination, you will not be able to access the Services. Any information in connection with the Services will not be retained or accessible by you. We reserve the right to bring legal action and to participate in any government or private legal action or investigation relating to your conduct, which may require the disclosure of your information.

We also reserve the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time and from time to time, and with or without notice) any materials, information, or content available on or through the Services, including, without limitation, the cessation of all activities associated with the Services, without any liability to you.

10. Warranty Disclaimer & Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SONY, ITS LICENSORS AND CONTRACTORS, AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, AND AGENTS (COLLECTIVELY, THE "SONY PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO (A) THE SERVICES (INCLUDING ANY RELATED PROPERTIES); (B) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SERVICES; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO SONY OR VIA THE SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SONY PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR WITHOUT DELAYS, AND EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT.

You acknowledge that the Services may require an internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third-party fees associated with your internet connection, including but not limited to internet service provider or airtime charges. The provision, quality and security of such internet connectivity are the sole responsibility of the third party providing such service.

11. Limitation on Liability

We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM THE SERVICES OR IN CONNECTION WITH THESE TERMS AND THE SONY PARTIES’ MAXIMUM LIABILITY UNDER THESE TERMS OR WITH RESPECT TO YOUR USE OF OR ACCESS TO (OR INABILITY TO ACCESS) YOUR ACCOUNT OR THE SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT ACTUALLY PAID FOR THE SERVICES (IF ANY) OR TEN UNITED STATES DOLLARS ($10 US), WHICHEVER IS GREATER. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT SONY’S OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SERVICES OR ANY OTHER SONY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE SONY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SERVICES OR ANY OTHER SONY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE SONY PARTIES (PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT – IF ANY – TO SEEK PUBLIC INJUNCTIVE RELIEF ON AN INDIVIDUAL BASIS AS PERMITTED BY LAW).

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY), WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

12.  Indemnity

You agree to indemnify and hold the Sony Parties and our users harmless from and against all claims, demands and expenses, including attorneys' or experts’ fees, made by any third party due to or arising from:

• your use of the Services or your User Content;
• your violation of these Terms or any applicable terms of use of any Linked Site or Services;
• your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authority;
• your violation, misappropriation, or infringement of any rights of a third party, including, without limitation privacy rights, copyright, trademark, trade secret, patent or other intellectual property right;
• any misrepresentation made by you; or
• our or our licensees’ use of your information as permitted under these Terms, any applicable privacy policy, or any other written agreement between you and us.

13. Jurisdictional Issues.

The Sony Parties do not warrant that your use of the Services is lawful in any particular jurisdiction, and the Sony Parties specifically disclaim such warranties. By accessing or using the Services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

Software related to or made available by the Services may be subject to United States export controls. Thus, no software from this Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) 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 any software related to the Services, 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.

14.  Changes

We, at our sole discretion, may modify these Terms at any time. We will notify you of material changes by posting the changed or modified Terms on our Services. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. By accessing the Services, you are agreeing to be bound by all current Terms. You shall use the Services in accordance with such current Terms. If you registered others under your Account, the use of anyone registered in your Account will signify the acceptance of current Terms by all users under such Account.

15.  Governing Law & Dispute Resolution

"Dispute" is defined as any disagreement, cause of action, claim, controversy, or proceeding between you and any Sony Party related to or arising out of these Terms or the Services. Dispute is to be given the broadest possible meaning that will be enforced.

You and the Sony Parties agree that all Disputes shall be resolved exclusively through binding arbitration. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT. You also agree that ANY DISPUTE RESOLUTION PROCEEDING WILL ONLY CONSIDER YOUR INDIVIDUAL CLAIMS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Despite the above, you have the right to litigate any Dispute on an individual basis in small claims court or other similar court of limited jurisdiction, to the extent the amount at issue does not exceed $15,000, and as long as such court has proper jurisdiction and all other requirements (including amount in controversy) are satisfied. Additionally, nothing in these Terms will restrain a California resident’s right – if any – to seek public injunctive relief on an individual basis as permitted by law.

Arbitration Instructions. To begin arbitration, either you or Sony must make a written demand to the other for arbitration. The arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules, and the Supplementary Proceedings for Consumer-Related disputes when applicable ("Rules") of the American Arbitration Association ("AAA") in effect when the claim is filed. You may get a copy of AAA's Rules by contacting AAA at (800) 778-7879 or visiting www.adr.org. (Notwithstanding the foregoing, if for any reason the AAA is unable or unwilling to hear a Dispute, the Dispute will be administered by JAMS, Inc. or another mutually agreed upon arbitration administration service, in either case in accordance with the applicable arbitrator’s then-current rules.) The filing fees to begin and carry out arbitration will be shared between you and Sony, but in no event shall your fees ever exceed the amount allowable by the special rules for Consumers Disputes provided for by AAA, at which point Sony will cover all additional administrative fees and expenses. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration when appropriate pursuant to the Rules. Unless you and Sony agree differently, the arbitration will take place in the county and state where you live, and applicable federal or state law shall govern the substance of any Dispute during the arbitration. However, the Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself and not any state law on arbitration. If you commence use of the Services while a resident of the United States, but subsequently live outside of the United States, arbitration will take place in the county in which you resided upon commencement of use of the Services and agreement to these Terms or in San Diego County, California. The arbitrator’s decision will be binding and final, except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by that party’s individual claim, and any court with jurisdiction over the parties may enforce the arbitrator’s decision. Unless unenforceable due to applicable law, you agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose or such cause of action is permanently barred.

Opt-Out Instructions. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION, THEN: (1) you must notify Sony in writing within 30 days of the date that you commence use of the Services and agree to these Terms or the date on which you purchased the KOOV product (if you are the purchaser), whichever is earlier; (2) your written notification must be mailed to Sony Electronics Inc., 16535 Via Esprillo, MZ 1105, San Diego CA 92127, Attn: Legal Department; AND (3) your written notification must include (a) your NAME, (b) your ADDRESS, (c) the DATE you commenced use of the Services and agreed to these Terms or the date on which you purchased the KOOV product (if you are the purchaser), whichever is earlier, and (d) (i) a clear statement that "I DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY GLOBAL EDUCATION ENTITY THROUGH ARBITRATION” and (ii) a clear statement that “THIS IS IN REGARD TO THE KOOV WEBSITE AND APP TERMS & CONDITIONS.”

IN THE EVENT THAT YOU ELECT TO OPT-OUT OF THE ARBITRATION PROVISION IN ACCORDANCE WITH THE INSTRUCTIONS ABOVE, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND ANY SONY PARTY WILL BE RESOLVED INDIVIDUALLY, AND NOT AS PART OF A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. ANY SUCH DISPUTE WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO ITS CONFLICTS OF LAW PRINCIPALS. YOU AGREE THAT ANY SUCH DISPUTE MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER SAN DIEGO COUNTY, CALIFORNIA, AND YOU HEREBY CONSENT TO AND WAIVE ANY OBJECTION TO THE PERSONAL JURISDICTION OF SUCH COURTS.

16. Special Terms for Apple iOS Devices.

Notwithstanding any other provision within these Terms, the following additional terms are applicable to those accessing the Services through use of the KOOV app on Apple’s iOS platform (“KOOV iOS App”): You understand that these Terms are between you and Sony only and not Apple, Inc. (“Apple”), but that Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you. Your right to use the KOOV iOS App as described above is subject the “Usage Rules” in Apple’s App Store Terms of Service. You understand that, should the KOOV iOS App fail to conform to any applicable warranty not disclaimed above, you may notify Apple and Apple will refund the KOOV iOS App’s purchase price (if any), but that Apple has no maintenance, support, or (to the maximum extent permitted by applicable law) other warranty obligations to you with regard to the KOOV iOS App. Apple is not responsible for any claim that the KOOV iOS App or your use thereof infringes a third party’s intellectual-property rights. If you have any questions or concerns regarding the KOOV iOS App, please contact Sony. (See the applicable Privacy Policy for contact information.)

17.  General

These Terms constitute the entire agreement between you and us with respect to the Services, and supersede any other agreement, proposals or communications, written or oral, between you and us with respect to the Services.

If a court or arbitrator of competent jurisdiction holds that any provision of these Terms is illegal, unenforceable or contrary to law, such provision shall be construed as nearly as possible to reflect the original intent of these Terms, with the other provisions remaining in full force and effect.

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such rights or provision unless we acknowledge and agree to it in writing, and then it shall constitute a waiver of the particular instance.

We may assign these Terms to any third party at its sole discretion. You may not assign or sublicense the rights granted under these Terms without our prior written authorization.

1. Collection of Information

1.1 Information You Provide To Sony

In General. While Sony does not generally require that you provide us with personally identifiable information in order to visit and use the Corporate Websites, please note that in order to participate in some activities, such as sweepstakes, contests and other promotions (collectively, “Promotions”), chat rooms or bulletin boards, and some products and services we offer that require use of the Corporate Websites, we may ask you to provide information that could reasonably be used to contact you or to identify you personally (such as first and last name, e-mail address, mailing address, telephone number or possibly, a picture) (“Personal Information”). We may also ask you to provide other information about yourself, such as demographic information (such as gender, geographic region, age, etc.) or certain information about your preferences and interests. If you choose not to provide such Personal Information or other information to us, you may not be able to participate in certain activities or use certain products that we offer. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information.

Individuals Under 16. The Corporate Websites are general audience sites. We do not target the Corporate Websites to children under the age of 16. If you are a parent or guardian who knows or has discovered that your child under the age of 16 has submitted his or her Personal Information or other information without your consent, permission or authorization, upon request, we will promptly: (a) provide direct notice to you indicating what, if any, Personal Information of your child has been collected and how it has been used and/or disclosed; (b) remove your child’s Personal Information or other information from our database, cease the use of such information and direct any other party with access to such information to do the same; and (c) by notice to you, confirm compliance with the foregoing.

For Promotions. We may offer opportunities to enter into Promotions that we offer, on our own or jointly with a third party. Such Promotions may require registration and the disclosure of both Personal Information and non-Personal Information. 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 Information may be shared with such third party, which sharing we will disclose to you at the time you provide your information. By entering into a Promotion, you are agreeing to the official rules 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.

1.2 Information Sony Collects Automatically

In addition, Sony, 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 Corporate Websites (“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 pages views. Usage Information is generally non-identifying, but if Sony associates it with you as a specific and identifiable person, we will treat it as Personal Information.

In addition, Sony, 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 Corporate Websites (“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 pages views. Usage Information is generally non-identifying, but if Sony associates it with you as a specific and identifiable person, we will treat it as Personal Information.

1.3 Cookies and Other Tracking Technologies.

The technologies used on the Corporate Websites to collect Usage Information, including Device Identifiers, may include:

Cookies. “Cookies” (which may be HTML files, Flash files or other technology) are small text files that help store user preferences and activity. A Cookie is placed on a Device when it is used to visit the Corporate Websites or otherwise access our online offerings. Cookies may be used for many purposes, such as remembering you and your preferences, tracking your visits to our web pages and customizing your Corporate Website experience. If you choose to disable cookies on your Device, some features of our Corporate Websites and our online offerings may not function properly.

Web Beacons. “Web beacons” (also known as image tags, pixel tags, GIFS or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Corporate Websites, to monitor how users navigate the Corporate Websites, to count how many sent e-mails were actually opened or to determine whether content sent was actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Corporate Websites, such as the links you click on. The code is temporarily downloaded onto your Device from our server or a third-party service provider, is active only while you are connected to the Corporate Websites, and is deactivated or deleted thereafter.

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, our Websites 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 services. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com

One analytics provider with whom we may work is Google Analytics. Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Corporate Websites and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at tools.google.com/dlpage/gaoptout.

1.4 Social Media Applications

Functionality on the Corporate Websites may permit interactions between such Corporate Websites and a third-party website, such as enabling you to “like” a product or “share” content to third-party websites. If you choose to “like” or “share” content or to otherwise post information from or via the Corporate Websites to a third-party website, feature or application, that information may become public and the third-party web site may have access to information about you and your use of the Corporate Websites.

You may also choose to participate in a third-party application or feature (such as one of our Facebook applications or a similar application or feature on a third-party website) through which you allow us to collect and share (or the third party to share) information about you, including Personal Information. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third-party website give us access to their profiles and you are one of their “connections,” or if information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other third-party website or interactive service.

2.Uses of the Personal Information Sony Collects

Sony will use the information it collects, including your Personal Information:

• to tailor your experience on the Corporate Websites;
• to determine which products and services we offer may be of interest to you;
• to process registration and other information you provide via our Corporate Website, including verifying that your email address is active and valid;
• to provide you with information about Promotions or other offerings that may be of interest to you;
• to provide you with support and answer questions or other requests; and
• for other purposes disclosed to you at the time you provide the Personal Information.

We may also use the information we collect to improve the Corporate Websites and our products and services, for internal business purposes, and to contact you with regard to your use of the Corporate Websites and, in our discretion, changes to any of our policies.

3.When and With Whom Sony May Share Information Collected

Non-Personal Information. We may share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information with third parties in our discretion for a variety of purposes, including tailoring promotions, advertising and communications we present to you.

Personal Information. We may also share your Personal Information, as specifically disclosed at the time you provide your Personal Information and in the following circumstances:

To Affiliates, Other Sony Companies and Third Parties.

To Affiliates and Other Sony Companies. Sony may share your Personal Information with companies affiliated with Sony (“Affiliates”), so that those Affiliates can (i) assist us with fulfilling your requests or improving our products, content, services or advertising; and/or (ii) contact you about products, content, services or other offerings that may be of interest to you. We may also share your Personal Information with Affiliates for internal reasons, primarily for business and operational purposes including any corporate reorganization, restructuring or other corporate change. For purposes of this Privacy Policy, “Affiliates” means any other entity directly or indirectly controlling or controlled by, or under common control with, Sony Group Corporation or one or more of the other Affiliates of Sony Group Corporation (or a combination thereof). For the purpose of this definition, an entity shall control another entity if the first entity: (i) owns, beneficially or of record, more than fifty percent (50%) of the voting securities of the other entity; or (ii) has the ability to elect a majority of the directors of the other entity.

To Third-Party Service Providers Providing Services On Sony’s Behalf. We may from time to time employ third parties to perform functions on our behalf, and thus, we may also share your Personal Information with third party service providers that assist us with providing content, fulfilling your requests, improving our products, content, services or advertising, or otherwise performing services for Sony. As one example, if you access content or services that are published, developed or supported by a third party (which may include Affiliates), your Personal Information may be shared with that third party for purposes related to that content or those services, including service administration and/or development. Additionally, we may share your information in order to host or operate the Corporate Websites, for data analysis purposes, and for the administration of Promotions, such as in connection with winner selection and prize fulfillment.

When You Consent To Have Your Personal Information 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. Such reasons include, without limitation, so that you are able to receive information and/or marketing offers from third parties. Additionally, you may request, sometimes through your use of an interactive feature or third- party application, that we share Personal Information about you with a third party, and we will typically do so in those circumstances. If you agree or request to have your Personal Information shared (either by opting in, choosing not to opt-out or using a specific feature of the Corporate Websites), your Personal Information will be disclosed to the applicable third party(s) and the Personal Information you disclose will be subject to the privacy policy and business practices of such third party(s); therefore, please consult the respective privacy policies of each third party. 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.

The provisions above apply to our sharing of Personal Information with Affiliates and third-party service providers. They do not cover use of Personal Information that those Affiliates and third-party service providers collect directly from you. Such use of Personal Information is covered by the relevant Affiliate’s and/or third party’s privacy policy and not this Privacy Policy.

Business Transactions. Sony or any of its assets, including the Corporate Websites, may be sold, or other transactions may occur in which your Personal Information is one of the key business assets in the transaction (such as bankruptcy). In such a case, your Personal Information may be one of the business assets we transfer. Hence, Sony reserves the right to disclose and transfer user information, including Personal Information, in connection with any activity and/or transaction described above (including, without limitation, during the course of any due diligence process).

Legal Protections and Law Enforcement. We may transfer and disclose information, including your Personal Information, 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 our Terms & Conditions or 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 Corporate Websites 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.

4.Links To and Sony Content On Other Websites

The Corporate Websites may contain links to other websites that are operated and controlled by third parties that we do not control. This includes links of advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. In addition, Sony content or widgets may be included on web pages and websites that are not associated with us and over which we have no control. These other websites may send their own cookies to your Device, and they may independently collect data or solicit Personal Information. A link from any Corporate Website to any other website does not mean that Sony approves of, endorses, or recommends that website. Sony provides such links for your convenience and is not responsible for the content of any website linked to or from any Corporate Website. Moreover, Sony is not responsible for the privacy practices of any third party, and it disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

5.Notice to California Residents

California Provacy Notice (Effective 2020):

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.

5.1 CA Personal Information.

Consistent with this Privacy Policy, we may collect the following categories of information about California residents ("CA Personal Information") for the purposes described in this Privacy Policy, specifically:

• Personal Identifiers: personally-identifiable information such as your name, address, telephone number, etc.;
• Device Identifier such as your IP address and/or another unique identifier for the computer, mobile device, technology or other device;
• Usage Information such as your browser type, operating system, the page served, the time at which you accessed a page and/or the time you spent on a page, and your preceding pages views, and
• Other Consumer Characteristics: such as other information about yourself such as demographic information or certain information about your preferences and interests.

5.2 CA Personal Information Sold or Disclosed For Business Purposes.

• Sharing your CA Personal Information for Business Purposes: In the preceding twelve months, we may have shared the following categories of CA Personal Information for business purposes: Personal Identifiers, Device Identifiers and Usage Information, and Other Consumer Characteristics. This information may be shared for the purpose of providing services to you, delivering communications, for legal compliance, or to manage or protect legitimate interests, in compliance with law.
• Sale of CA Personal Information: We do not “sell” (as defined under the California Consumer Privacy Act) any categories of CA Personal Information.

5.3 California Consumer Rights.

Subject to certain exceptions, as a California resident, you may have the following rights with respect to your CA Personal Information: (i) Access. Request access to your CA Personal Information that we have collected, used, or disclosed within the preceding 12 months; (ii) Deletion. Request deletion of your CA Personal Information; and (iii) CA Personal Information r Disclosed For Business Purposes. Request information about the CA Personal Information we have disclosed for business purposes within the preceding 12 months. To the extent permitted by applicable law, we may be required to retain some of your CA Personal Information and certain CA Personal Information is strictly necessary in order for us to fulfill the purposes described in this Privacy Policy. If you wish to submit an access or deletion request, please click here: Data Requests.

5.4 Exercising Your Rights.

If you are a California resident and wish to exercise any of these rights, please: (a) contact us by sending an email to privacy@am.sony.com with the specific nature of your request, referencing “Your California Privacy Rights”; or (b) call the following toll-free number 1-833-681-9900. 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 any 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. We may require additional proof of authority or may need to contact you directly to validate the request.

Additional Notice to California Residents:

If you are a California resident, under the California “Shine the Light” law, you have the right to receive: a) information identifying any third party company(ies) to whom Sony 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@am.sony.com and include your name, email address, and a reference to “Your California Privacy Rights”. We are not responsible for requests that are not labeled or sent properly, or do not have complete information.

6.Security and Retention

Sony uses commercially reasonable safeguards to help protect and secure your Personal Information, 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 Information 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’ scams, where someone may send you an e-mail that looks like it is from Sony asking for your Personal Information. Sony will never request your Personal Information through e-mail.

To help protect you and others, we monitor use of the Corporate Websites, and we use the information we collect, including Personal Information, to identify fraudulent activities and transactions; prevent abuse of and investigate and/or seek prosecution for any potential threats to or misuse of the Corporate Websites; ensure compliance with the applicable terms of service and this Privacy Policy; investigate violations of or enforce these agreements; and otherwise to protect the rights and property of Sony, its affiliates, partners and customers. Monitoring may result in the collection, recording, and analysis of online activity or communications through the Corporate Websites. If you do not consent to these conditions, you must discontinue your use of the Corporate Websites.

You understand that any message or information you send to a Corporate Website may be read or intercepted by others. Sony does not ensure or warrant the security of any information you transmit to us, and you use the Corporate Websites and provide us with your information at your own risk.

7.Consent to Processing

The Corporate Websites are operated in Japan. If you are located in the United States, the European Union, Canada or elsewhere outside of Japan, please be aware that information we collect will be transferred to and processed in Japan. By using the Corporate Websites, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in Japan, 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.

8. Policy Governs Use: Changes to Privacy Policy

The terms of this Privacy Policy will govern the use of any information collected while it is in place. Sony reserves the right to change this Privacy Policy at any time, without prior notice to you, and any changes will become effective immediately upon posting. Your continued use of the Corporate Websites after posting of any changes to this Privacy Policy will constitute acceptance of, and agreement to be bound by, those changes. Thus, please review this Corporate Privacy Policy periodically.

9.Questions

If you have any questions or comments about 5. Notice to California Residents of this Privacy Policy, please contact us as provided in that Section. Otherwise, if you have any questions or comments about our practices regarding Personal Information or about this Privacy Policy, please contact www.sonyged.com/contact/.

INFORMATION THE APP COLLECTS AND HOW WE USE IT

Personal Information

The App does not generally collect name, address, or other contact information from users, other than the limited circumstances set forth below. However, we and our third-party service providers may collect information from Children that is considered “Personal Information” under COPPA in the following circumstances:

• We collect IP address or other unique identifiers that are associated, on a persistent or ongoing basis, with the tablet, mobile phone, or other device used to access the App (“Device Identifier”). We, and our third-party service providers, use Device Identifier information solely to support internal operations, including maintaining, securing, and analyzing the functioning of the App.
• In some instances, we may collect a Child’s email address for one-time use of that information, such as to respond directly to a specific request (for example, responding to a support request submitted through the App or allowing a sweepstakes entry). We delete the contact information provided from our records once it is used to fulfill the specific one-time purpose and will not use it to re-contact the Child.
• We may in the future collect a Child's name and email address to the extent reasonably necessary to protect the security of our App, to protect against liability, or as required or permitted by law. We do not collect a Child’s name or email address for these purposes in the ordinary operation of the App. In the event that we collect information for these reasons, we will not use it for any other purpose.
• If, in the future, features of the App collect Personal Information from a Child other than as described above, we will do so after having secured appropriate consent or otherwise in accordance with COPPA or other laws as applicable.

Please note that, as required by COPPA or other applicable law, we will not condition a Child's participation in an activity within the App on the Child disclosing more than is reasonably necessary to participate in such activity. We use Personal Information only for the purpose for which it was collected and for internal purposes. We retain Personal Information collected from a Child only for as long as is reasonably necessary to fulfill the purpose for which the information was collected.

Usage Information

We and our third-party service providers may use a variety of technologies that automatically or passively collect certain information whenever a user operates or interacts with the App ("Usage Information"). Usage Information may include the device type and operating system you are using, information about your device’s hardware and components, all of the areas within our App that you visit, and the time of day, among other information. Usage Information is typically associated with your Device Identifier. We may use Usage Information for a variety of internal business purposes, including enhancing or otherwise improving the App and our products and services.

User Postings

Some features of the App permit Children to share user-created content with other KOOV users – including the opportunity to share details of a robotics project the Child has created using the KOOV product. Children may (subject to permissions set through the Primary Account) elect to share only with a Primary Account holder (e.g., Instructor), with a defined group of KOOV users (e.g., other KOOV users within the Child’s classroom or school), or publicly with all other users of the KOOV service. These features may permit the Child to share “free text,” photos, and videos with other App users. A Sony representative manually reviews each submission from a Child through any feature that may allow the Child to share free text, images, videos, or audio recordings. If the Sony representative identifies any “Personal Information” subject to COPPA, Sony will either (a) reject the entire submission or (b) remove the personal information before the submission is published for viewing by other App users (e.g., by deleting text, cropping or blurring images to prevent the inclusion of a Child, stripping metadata from an image, etc.). In either case, Sony will promptly delete from its own records any Personal Information submitted by the Child. App users may also have the ability to leave comments on public postings made within the App, but may only do so by selecting from pre-populated text or approved emoji. Users do not have the ability to leave free-text comments on public posts or otherwise engage in free-text user-to-user communications.

DISCLOSURE OF COLLECTED INFORMATION

As described above, the Personal Information the App collects from a Child will typically be limited to persistent identifier(s). We do not release a Child's Personal Information to third parties except: (a) where the disclosure is reasonably necessary to comply with law, respond to civil or criminal action, or to protect the security of the App or other properties owned by Sony and its affiliates; and (b) to Sony affiliates and/or service providers who provide support for the internal operations of the App and who do not disclose or use the Personal Information for any other purpose. These affiliates and service providers may provide support services such as hosting App content, designing and/or operating App features, or performing other administrative services. Sony may provide these companies with access to Children’s Personal Information in order for them to carry out the services they are performing on our behalf. These service providers have agreed to maintain the confidentiality, security and integrity of this Personal Information they obtain from Sony and the App. We also may share non-personal information (including aggregated user statistics and de-identified data) with Sony affiliates or other third parties in our discretion.

PRIMARY ACCOUNTS & INFORMATION COLLECTED FROM PARENTS/INSTRUCTORS

In order to use the App, a Parent or Instructor must first create a Primary Account. Information collected from Parents or Instructors during the registration process is collected outside of the App and is subject to the privacy policy of the registration website. Upon first using the App, the Parent or Instructor will be required to log into his or her Primary Account and will then have the option to create additional user subaccounts for his or her children or students (“Child Accounts”). Child Accounts do not collect name, email address or other contact information of the Child. The Child is identified by an automatically generated username or identifier only.

RIGHTS OF PARENTS, INSTRUCTORS & OTHER USERS; CONTENT REMOVAL

You may review and request that Sony delete any Personal Information that the App has collected and retained about you, your Child, or – for Instructors – a Child student. (For purposes of this section, references to “your Child” or similar designations will encompass Child students of Instructors.) If you would like to request access to or the deletion of any Personal Information we may have about you or your Child or if you would like to request that the App make no further collection of Personal Information from your Child, please (a) send an email to privacy@am.sony.com with the specific nature of your request, referencing “KOOV App: Personal Information Request” in the subject line; (b) call us toll-free at 1-833-681-9900; or (c) complete this form: Data Requests. Note that we will take steps to verify your identity as the subject of the request (or the Parent or Instructor of a Child that is subject of the request) and we will need you to provide us with certain information in order to complete your request, as the App does not collect name, email address or other contact information. If you email, in your request you must include your first and last name and zip code and email address which you used to register with the App. If you are not the owner of the Primary Account about which you are contacting us, please also provide the full name and email address which the Primary Account holder used to register with the App and the user names for the Child Account(s) about which you are requesting information. Where the App is used by an Instructor in an educational setting, the rights of access and removal described in this section will extend to the school and school officials, in addition to the individual Instructor. Note that we will not retain information we do not ordinarily retain in the course of our regular business practices.

In addition, a registered user of the App has the right to request the removal of certain content that (s)he has publicly posted on the App. A Parent or Instructor may remove a post made by a Child Account administered through his/her Primary Account or may delete a Child Account entirely at any time by logging into his/her Primary Account and using the “Player” management features to delete a Child Account or any post(s) made from that account. A Primary Account may also edit a previously made post to remove or modify the username associated with the post. Alternatively, a Primary Account holder may contact Sony using the contact information below to request that a particular post, a Child Account, or the Primary Account itself be deleted or that the username to which a post is attributed be removed.

CONSENT TO TRANSFER

The App is operated from servers located in Japan. Please be aware that information we collect will be transferred to and processed in Japan, the United States and other jurisdictions. By using the App, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in Japan, the United States, and other jurisdictions in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

SECURITY

Sony has established and maintains reasonable procedures to protect the confidentiality, security, and integrity of Personal Information collected from users of the App. We also take reasonable steps to release Children's Personal Information, if any, only to verified Parents/Instructors and to service providers and third parties who are capable of maintaining the confidentiality, security and integrity of such information, and who, as described above, have agreed that they will maintain the information in such a manner.

NOTICE TO CALIFORNIA RESIDENTS

California Privacy Notice (Effective May 27, 2020):

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.

CA Personal Information. Consistent with this Privacy Policy, we may collect the following categories of information about California residents ("CA Personal Information") from you and/or your device for the purposes described in this Privacy Policy, specifically:

• Personal Identifiers, such as email address (e.g., for a one-time use as described above) and username;
• Other Identifiers, such as Device ID, IP address, or other persistent identifiers;
• Internet or Other Electronic Network Activity, such as time on the App, page views, and navigation; and
• Audio, Visual and Similar Electronic Information (such as through User Postings, as described in this Privacy Policy).

We use this CA Personal Information for the purposes described in the “INFORMATION THE APP COLLECTS AND HOW WE USE IT” section above.

CA Personal Information Sold or Disclosed for Business Purposes.

• Sharing Your CA Personal Information for Business Purposes: In the preceding twelve months, we may have shared the following categories of CA Personal Information with Sony affiliates or third-party service providers for business purposes: Personal Identifiers, Other Identifiers, Internet or Other Electronic Network Activity, and Audio, Visual and Similar Electronic Information This information may be shared for the purpose of providing services to you, delivering communications, for legal compliance, or to manage or protect legitimate interests, in compliance with law.
• Sale of CA Personal Information: We do not sell (as defined under the California Consumer Privacy Act (“CCPA”)) your CA Personal Information,

California Consumer Rights. Subject to certain exceptions, as a California resident, you may have the following rights with respect to your CA Personal Information: (i) Access. Request access to your CA Personal Information that we have collected, used, or disclosed within the preceding 12 months; and (ii) Deletion. Request deletion of your CA Personal Information; and (iii) CA Personal Information Disclosed For Business Purposes. Request information about the CA Personal Information we have disclosed for business purposes within the preceding 12 months. (As noted above, we do not “sell” CA Personal Information as those terms are defined under CCPA.) To the extent permitted by applicable law, we may be required to retain some of your CA Personal Information and certain CA Personal Information is strictly necessary in order for us to fulfill the purposes described in this Privacy Policy. If you wish to submit an access or deletion request, you may submit a form here: https://products.sel.sony.com/SEL/legal/DataRequests.html.

Exercising Your Rights. If you are a California resident and wish to exercise any of these rights, please follow the instructions in the RIGHTS OF PARENTS, INSTRUCTORS & OTHER USERS section above.

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. We may require additional proof of authority or may need to contact you directly to validate the request.

CHANGES TO OUR POLICY

To the extent permitted by applicable law, Sony may update this Privacy Policy at any time and any changes will be effective upon posting (unless otherwise specified). We will provide notice on the App and we may also provide notice in other ways in our discretion, such as sending an email to holders of a Primary Account. Your continued use of the App after the effective date of the revised Privacy Policy (or such other act as specified in the revised Privacy Policy) will constitute your consent. We will obtain consent to changes where required by law (which consent may be procured from a teacher/school on behalf of a Parent where applicable and where permitted by law).

CONTACT US

If you have questions on the NOTICE TO CALIFORNIA RESIDENTS section of this Privacy Policy or on submitting access or deletion requests per the RIGHTS OF PARENTS, INSTRUCTORS & OTHER USERS section, please contact us as provided in that section. Otherwise, if you have any questions on this Privacy Policy, you can contact us by phone at (201) 930-4800 or by email to Privacy@am.sony.com.