TERMS & CONDITIONS
These Terms and Conditions apply to usage of https://account.sonyged.com/, https://www.koov.io/members, your “Sony Global Education Account” (“Account”), the KOOV mobile app, any other features, apps, or services provided by Sony Global Education, Inc. (“Sony,” "we", "our" or "us") that are accessed through your Account and/or that expressly post a link to these Terms (collectively the "Services"). These Terms apply only to those who are residents of the United States of America. If you are not a resident of the United States of America, please visit https://account.sonyged.com/, select your country/region of residence at the top right corner of the page, and follow the on-screen links and instructions to access the corresponding terms for your country/region.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU WISH TO OPT OUT OF THE ARBITRATION PROVISION, PLEASE FOLLOW THE INSTRUCTIONS IN THE GOVERNING LAW & DISPUTE RESOLUTION SECTION BELOW.
If you are under the age of majority in your jurisdiction of residence, your parent or legal guardian must review these Terms with you and agree to them on your behalf. You must be thirteen (13) years old or older to register for an 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.
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.
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”).
(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.)
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:
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.
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."
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 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
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.
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.
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.