IMPORTANT!

IF YOU WOULD LIKE TO SHARE THE MOTIONGRAPH PICTURES YOU HAVE MADE WITH THIS SOFTWARE (THE gPICTURESh) THROUGH THE SNS OR THE E-MAIL BY USING THE PICTURE SHARING TOOLS PROVIDED BY THIS SOFTWARE, YOU ARE REQUIRED TO USE THE PICTURE SHARING SERVICES DESIGNATED BY THIS SOFTWARE (THE gSERVICEh).  PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE.  YOU ARE REQUIRED TO ACCEPT THIS SERVICE AGREEMENT IN ORDER TO USE THE SERVICE.  (THIS AGREEMENT CAN BE REVIEWED IN THE SETTING MENU OF THIS SOFTWARE.)

IF YOU ARE UNDER THE AGE OF 15, PLEASE OBTAIN YOUR PARENT OR GUARDIANfS PERMISSION BEFORE STARTING THE SERVICE.

SERVICE AGREEMENT

This Agreement sets forth the terms and conditions on which the Service provided by Sony Digital Network Applications , Inc. (gSDNAh), offers services to users of the Service (gyouh).  If you share the Pictures with third parties through SNS or e-mail with the picture sharing tools provided by this Software, you are required to use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE.   THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL BE APPLIED TO ALL THE SHARING SERVICES DESIGNATED BY THIS SOFTWARE.  BY TAPPING THE gAGREEh BUTTON AT THE BOTTOM OF THIS AGREEMENT, YOU ARE ACCEPTING THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE TAP THE gNOT AGREEh BUTTON, AND YOU MAY NOT USE THE SERVICE.

1. Service

1) The Service enables you to share the Pictures with third parties using SNS or e-mail services designated by this Software (such contents sharing service shall be hereinafter referred to as the gSharing Siteh).

2) The Pictures submitted to the Sharing Site using picture sharing tools of this Software shall be copied and stored in the system used for the Service (gSystemh) and the directory of the stored Picture shall be displayed on the Sharing Site with or without thumbnail thereof).  A person who links to the directory of a Picture posted on the Sharing Site by you is enabled to view, without depending on the file format, the same quality of the Pictures as can be viewed with this Software.

3) You agree that certain number of newly submitted Pictures to the System shall be uploaded to and published on the website of the Service (URL: http://mg.sonydna.com/) (gWebsiteh), which allows any person, including, but not limited to, the person who you share the Pictures on the Sharing Service, other users of the Service and the person who share the Pictures with such users, to access.  The Pictures you have submitted may not be displayed on the Website if the number of Pictures submitted may exceed the maximum number of the displayed Pictures on the Website.  In such case the Picture linked from the Sharing Service can be shared and reviewed during the term of this Agreement unless the data of the Picture is deleted from the System pursuant to this Agreement.

4) The Software offers you the menu to delete your Picture and its related data (including the gDatah defined in Paragraph 2 of Section 3) (collectively, gPicture Datah) by yourself.  PLEASE BE NOTIFIED THAT ONCE YOU DELETE THE PICTURE DATA FROM THE SYSTEM, NOBODY (INCLUDING SDNA) WILL NOT VIEW THE PICTURE DATA FROM THE SHARING SITE OR THE WEBSITE, AND SDNA IS UNABLE TO RETRIEVE THE PICTURE DATA FROM THE SYSTEM.  The Picture Data which is saved in your device installing this Software will not be deleted even if you have deleted the Picture Data from the System.

5) The Service is available to the users of this Software in the world who have agreed with the End Users License Agreement attached to this Software and this Agreement.

6) You agree that the advertisement or promotional materials of SDNA or SDNAfs affiliates may be inserted to the Website.

2. Sign-in process of the Service

In order to use the Service, you must sign-up with the effective Google account and password (collectively, the gGoogle IDh) for authentication with the Service. You may log-off the Service by selecting glog-offh menu in the gSettingh menu.  Once you log-in the Service, the Service is available to you without re-entering the Google ID until you log-off the Service.  In the event that the Google ID you use for the authentication with the Service has become invalid for any reason, you are required to sign-up with the new effective Google ID for further sharing of the Picture Data.  If you desire to delete the Picture Data stored in the System with the Google ID which has become invalid, you cannot delete such Picture Data from this Software and please contact us (URL: http://www.sonydna.com/sdna/e/products/motiongraph/faq.html) and make a request to SDNA to delete your Picture Data.  FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL SDNA ACQUIRE, KEEP NOR CONTROL ANY AND ALL PART OF THE GOOGLE ID.  YOU HAVE SOLE RESPONSIBILITY TO KEEP AND CONTROL YOUR GOOGLE ID TO BE USED FOR THE SERVICE.

3. Use of the Userfs Data

1) gUserfs Datah (as defined in in Paragraph 2 hereunder) shall be handled in accordance with this Section and SDNAfs privacy policy, the current version of which is located at: http://www.sonydna.com/sdna/e/privacy/index.html.  PLEASE READ THE PROVISIONS OF THIS SECTION AND SDNAfS PRIVACY POLICY CAREFULLY.  IF YOU TAP THE gAGREEh BUTTON AT THE BOTTOM OF THIS AGREEMENT, YOU ARE ACCEPTING THIS SECTION AND SDNAfS PRIVACY POLICY.  IF YOU DO NOT ACCEPT THIS SECTION AND SDNAfS PRIVACY POLICY, PLEASE TAP THE gNOT AGREEh BUTTON AND YOU MAY NOT USE THE SERVICE.

2) Information to be provided by you to SDNA in connection with the Service (gUserfs Datah) shall be:

(a) Coded data of Google ID received from Google, Inc. (SDNA will not acquire any and all part of the Google ID and such coded data of Google ID will not regenerate the Google ID.);

(b) Pictures you submit to the System and related information thereof; and

(c) Nickname applied to the Picture you submit to the System.

3) Except as otherwise permitted or required under the applicable laws or regulations, SDNA will not use your Userfs Data for any purpose other than below without receiving your prior consent:

(a) To provide the Service as set forth in Section 1 to you;

(b) To manage and administrate the System with respect to the Service; and

(c) To prepare the reference materials for internal use for future services and/or promotional activities.

4) Provision of your Userfs Data shall be on voluntary basis, provided, however, that in the event that Items (a) and (b) of this Paragraph are not provided, the Service is not available to you.

5) Your Userfs Data will be processed, stored and transferred for the purposes set forth above in Paragraph 3 of this Section to SDNA, which is located in Japan, outside of the European Economic Area (EEA) and/or your country of residence.  Data protection and privacy laws in these countries may not offer the same level of protection as in the EEA and/or your country of residence and you may have fewer legal rights in relation to your information.  IF YOU DO NOT AGREE WITH SUCH TRANSFER OF YOUR USERfS DATA, PLEASE TAP THE gNOT AGREEh BUTTON AT THE BOTTOM AND YOU MAY NOT USE THE SERVICE.

6) SDNA will use all reasonable efforts to take all appropriate technical and organizational measures and precautions to keep your Userfs Data which SDNA holds secure and protected from unauthorized access, use or alteration and unlawful destruction.  However, SDNA does not guarantee that unauthorized access, misuse or misappropriate use will never occur.  To the maximum extent permissible by law, you waive any claim against SDNA because of any unauthorized access.

7) SDNA will, based on the provisions of the related laws or regulations, properly respond to your requests to review, correct or delete your Userfs Data after confirming your identity.  Please fill and send the inquiry form as located hereunder to the following contact:

Attention:  Business Strategy Division
Sony Digital Network Applications, Inc.
2-21-28 Higashi-Gotanda, Shinagawa-ku, Tokyo, Japan 141-0022

Inquiry Form:  http://www.sonydna.com/sdna/e/products/motiongraph/faq.html

8) If you are under the age of 15, please obtain your parent or guardianfs permission before submitting your Userfs Data.

4. License Grant and Intellectual Property Rights

1) You represent and warrant that the Picture Data which you share with third parties using this Software will not infringe any rights of the third party.

2) You grant SDNA a non-exclusive, worldwide, perpetual, royalty-free license to access, display, reproduce and transmit the Picture Data, to create, reproduce, display and distribute thumbnails or still images of the Picture Data and to otherwise dispose of for the purpose of performance of the Services by SDNA hereunder.  Such license includes, without limitation, the right for SDNA and its contractors and licensors to access, display, reproduce, modify, delete, transmit and otherwise dispose of, any portions of the Picture Data in order to operate and monitor the Service and comply with applicable laws and for promotion activities of the Service or this Software, including, but not limited to, display and demonstration on the web site owned by SDNA or other third parties, publication on the newspapers and the magazines, direct mails from electrical means, such as SNS.  In such case SDNA have the right not to show the Picture Data accompanying with the Picture.

3) You acknowledge and agree that, notwithstanding the provisions of Paragraph 2) above, in certain circumstances, the Picture Data may be used and/or disclosed without your knowledge or consent, if SDNAfs action is, in SDNAfs reasonable judgment,: (a) in your interest; (b) necessary to protect persons or property (tangible or intangible); (c) if seeking your consent might defeat the purpose (e.g. an investigation into a breach or violation of law) or (d) in regard to compliance with any legal or judicial order or compulsion of as otherwise required by law.

4) You acknowledge and agree that SDNA may delete the Picture Data without your knowledge or consent, if, in SDNAfs reasonable judgment, (a) you breach the Section 6 or other provisions of this Agreement; (b) the data stored in the System may exceed the limitation of the period of storing or the capacity of the data; or (c) SDNA deems appropriate to delete the Picture Data in your interest.

5) If you do not agree with the deletion by SDNA of your Picture Data pursuant to this Section, you should notify SDNA in writing.

6) Nothing in this Section or in this Agreement shall constitute that SDNA has obligation to monitor the Picture Data which is stored in the System or to take any action set forth in this Section.

7) As between SDNA and you, you will own your Picture Data, and SDNA owns all right, title and interest (including all intellectual property rights) in and to the Service, the technology, information, documents, files, websites or other products developed in connection with the Service from time to time.

5. Indemnity

1) You agree that your use of the Service hereunder shall be in compliance with this Agreement and the terms and conditions applied to the use of each Sharing Site.  You are solely responsible for the Picture Data that you provide to SDNA for hosting, displaying, sharing or using in connection with the Service. This includes, without limitation, responsibility for the nature, content, subject matter, and views you express, display or publish in your Picture Data.

2) Since you are responsible for the Picture Data and the consequences of its use and publication, you agree to indemnify and hold SDNA, its parents, affiliates, officers, employees, licensors, contractors and users harmless from and against all claims, demands and expenses, including attorneysf or expertsf fees, made by any third party due to or arising from:

(a) Your use of the Service;

(b) Your violation of this Agreement;

(c) Your violation of a third partyfs privacy rights;

(d) Your violation or infringement of a third partyfs copyright, trademark, trade secret, patent or other intellectual property right; or

(e) Any libelous or unlawful material contained within the Picture Data.

6. Code of Conduct

1) You agree not to post, send, transmit, upload, display, publish or share through any part of the Service any Picture Data that:

(a) Uses materials of others that are protected by copyright, trademark or trade secrets, patent or other intellectual property law without the express permission of the author or owner;

(b) Contains false or misleading statement of facts or description of the origin of the material or communications;

(c) Violates anyonefs copyrights, moral rights, authorfs rights, trade secrets, trademark, patent or other intellectual property or other rights;

(d) Interferes with the privacy rights of any person, or impersonates any person;

(e) Contains a virus, may corrupt files or other content, or may otherwise compromise or harm the Service or any third party;

(f) Constitutes a criminal offense, gives rise to civil liability, or violates any applicable laws or regulations, or encourages anyone to break the law or advocates illegal activity;

(g) Contains or displays any expression of bigotry, racism or hatred, or is ethnically offensive, objectionable or inappropriate;

(h) Is or might be perceived by SDNA or third parties as defamatory, libelous, disparaging, obscene, pornographic, profane, threatening, abusive, deceptive, offensive, vulgar, ethnically offensive, objectionable or inappropriate, including nudity, adult content, illegal content, content of a sexual nature or unacceptable language; or

(i) Interferes with anyone elsefs use of the Service; or

2) You agree not to modify, delete, translate, reverse engineer, reverse compile, or disassemble software programming, data and other information of SDNA and/or third parties contained in the Service.

3) You shall use your own Google ID and in no event shall use Google ID of other party.

4) You shall not use the Service for commercial or election purpose.

7. Storage Policy

1) You agree that certain number of newly submitted Pictures to the System shall be uploaded to and published on the Website.  The Pictures you have submitted may not be displayed on the Website if the number of Pictures submitted may exceed the maximum number of the displayed Pictures on the Website.  In such case the Picture linked from the Sharing Service can be shared and reviewed during the term of this Agreement unless the data of the Picture is deleted from the System pursuant to this Agreement.

2) You acknowledge and agree that SDNA may delete the Picture Data without your knowledge or consent, if, in SDNAfs reasonable judgment, the data stored in the System may exceed the limitation of the period of storing or the capacity of the data.

3) SDNA may delete the Picture Data stored in the System pursuant to this Agreement.  The Picture Data stored in the System is reproduced from the Picture Data stored in your mobile device installing this Software.  The Service is not designed as or intended to be used as a back-up, disaster recovery or emergency data storage facility. You are responsible for creating and maintaining copies of your Picture Data as back-ups.  SDNA shall not be liable to you or any third party for deletion, loss or damage of the Picture Data stored in the System..

8. Amendment

SDNA RESERVES THE RIGHT TO AMEND ANY OF THE TERMS OF THIS EULA AT ITS SOLE DISCRETION BY POSTING NOTICE ON A SDNA-DESIGNATED WEB SITE, BY PROVIDING NOTICE AS PART OF THE PROCESS IN WHICH YOU OBTAIN UPGRADES/UPDATES OR BY ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE.  If you do not agree to the amendment, you should stop use of the Service immediately.  Your continued use of the Service after the effective date of any such notice shall be deemed your agreement to be bound by such amendment.  Some jurisdictions do not allow the amendment of the term of this Agreement as set forth herein and in such case such amendment may not apply to you.

9. Service Maintenance

1) You understand, acknowledge and agree that the use of the Service 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.

2) SDNA may cease the provision of the Service from time to time without prior notice to you in the event that:

(a) the construction or maintenance is necessary for the authentication system or the Sytem;

(b) the operation of the service of the Sharing Service is ceased for any reason or it is found that any material security trouble was found.

(c) the Service cannot be provided for the reason of Force Majeure as set forth in Section 12; and

(d) SDNA has a reason to cease.

10. Warranty, Disclaimer of Warranty

The Service, including all content, products, services and information made available or accessed through the Service, are provided gAS ISh with no warranties of any kind. Uploading, downloading or transmitting any Picture Data through the use of the Service is at your own risk and in your sole discretion. You will be solely responsible for any damages to your computer system or loss of data, or any other damages that result from such uploading, downloading or transmittal, or otherwise. No advice or information that you obtain by any means from SDNA will create any warranty not otherwise expressly stated in this Agreement.

Sony makes no representation or warranty of any kind that:

(a) The Service will meet your requirements;

(b) Defects in the software for the Service will be corrected;

(c) The Service will be timely, secure, error-free or uninterrupted;

(d) The Service or any content, product or information provided in connection with the Service are accurate, correct, reliable or complete;

(e) The Picture Data posted, displayed, stored or shared on or through the Service will not be altered, deleted or damaged, or will be available for access, upload or download at all times or indefinitely;

(f) Any particular result may be obtained from the use of the Service or effect any Picture Data or personal identifiable information; or

(g) The Service is free of viruses or other components that may infect, harm or cause damage to computer equipment, data, software or any other property when you access, browse, download from, upload to or otherwise use the Service.

SDNA expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on or available through the Service.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Disclaimer of Damages; Limitation of Liability

Even if SDNA or any of its authorized representatives or suppliers have been advised of the possibility of such damages, under no circumstances (including, without limitation, their negligence) shall SDNA, its authorized representatives or suppliers be liable for any direct, indirect, consequential, incidental, special or punitive damages for any claim, loss and/or cause(s) of action, whether in contract, tort (including but not limited to negligence) or otherwise, related to:

(a) The quality, reliability, accuracy or completeness of the Service;

(b) Any modification, alteration, publication, display, failure to store, failure to index, loss, deletion, loss of access or damage of or to your Picture Data, computer equipment, software, data or any text, image, video, music, sound or audio file or other materials that results from your use of the Service;

(c) Any harm, errors, omissions, costs, losses or damages arising from the use of or inability to use (whether because of interruption, suspension, termination or otherwise) of the Service, Picture Data or any content, products, services or information provided in connection with the Service;

(d) Any failures, delays, misdeliveries or interruptions in the Service or any content, products, services or information provided in connection with the Service;

(e) Any harm resulting from accessing any Picture Data or any other content, products, services or information provided in connection with the Service;

(f) Any unauthorized access to or alteration of the Picture Data or any breach of security related to any server used by the Service; or

(g) The cost of procurement of any substitute goods or services.

Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and therefore, the above limitation may not apply to you.

If, despite the above limitations, Sony, its representatives and/or suppliers were found responsible to you for any reasons whatsoever, this liability will not exceed one hundred U.S. Dollars ($100) in aggregate.

12. Force Majeure

SDNA is not liable for any delay or failure in performance resulting, directly or indirectly from causes beyond its reasonable control, including, without limitation, failure or interruption of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, or non-performance of third parties.

13. Termination of Service

1) SDNA reserves the right, in its sole discretion, to terminate all or any part of the Service at any time with prior notice to you.  SDNA shall have no liability for damages incurred to you or any third party in connection with termination of the Service as set forth in this Agreement..

2) Without prejudice to any of its other rights, SDNA may terminate this Agreement (a) if you fail to comply with any of its terms; (b) if any of the Userfs Data is found untrue; (c) if your Google account become invalid because of your breach of the related agreement; and (d) if SDNA has a reason to judge your use of the Service is inappropriate.

14. Governing Law; Waiver of Jury Trial

This Agreement, all transactions hereunder and disputes related hereto of the Service shall be governed by and construed under the law of Japan, without regard to conflicts of laws rules. You agree that the Tokyo District Court shall have exclusive jurisdiction over you and SDNA for all disputes. Venue shall lie exclusively and only in Tokyo. EACH OF SDNA AND YOU HEREBY WAIVES TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS MEMBERSHIP AGREEMENT OR THE SERVICE.

15. General

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

Any failure by SDNA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such rights or provision unless SDNA acknowledges and agrees to it in writing, and then it shall constitute a waiver of the particular instance.

You and Sony agree that any cause of action arising out of or related to the Service must commence within one (1) year from the date the cause of action arose or such cause of action is permanently barred.