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Terms & Conditions
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| By
accessing and/or using these web pages of Sony Singapore Marketing
Company, A Division Company of Sony Electronics (Singapore) Pte. Ltd.
referred to as “Sony”, at the URL/domain name www.sony.com.sg (the
"Site"), you, as a user of the Site, hereby accept and agree to abide
by the “SONY Terms and Conditions of Use”. |
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| If you do not agree with any of the above, please discontinue your use of the Site. |
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| SONY Terms and Conditions of Use |
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| 1. |
By
accessing the Site, you agree to comply with and observe all applicable
laws, regulations and directives including without limitation the laws
of the Republic of Singapore in connection with your access to, and use
of, the Site.
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| 2. |
You
shall also be solely responsible for the set-up, configuration or
compatibility of your hardware, equipment and software for access to
the Site and you shall provide at your own expense all facilities or
resources necessary for such proper access. Without prejudice to the
foregoing, you shall not create any circumstances whereby other users
are affected in their access to, and use of, the Site.
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| 3. |
You
agree not to use the Site to send, post, promote or transmit on any
place on the Site, any message or material that is unlawful, harassing,
libelous, defamatory, abusive, threatening, harmful, hateful, vulgar,
obscene, profane, threatening, racially or ethnically offensive or
otherwise as determined by Sony in its sole discretion to be
objectionable. In this regard, please note that any material that (a)
depicts nudity or genitalia in a manner calculated to titillate; (b)
promotes sexual violence or sexual activity involving coercion or
non-consent of any kind; (c) depicts a person or persons clearly
engaged in explicit sexual activity; (d) depicts a person who is, or
appears to be, under 16 years of age in sexual activity, in a sexually
provocative manner or in any other offensive manner; (e) advocates
homosexuality or lesbianism, or depicts or promotes incest,
paedophilia, bestiality and necrophilia; (f) depicts detailed or
relished acts of extreme violence or cruelty; or (g) glorifies, incites
or endorses ethnic, racial or religious hatred, strife or intolerance
is prohibited. Sony reserves the right to delete any such material from
the Site.
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| 4. |
Without limiting the generality of the foregoing, you are prohibited from any of the following actions while using the Site:
| (a) |
posting
any unlawful, libelous, threatening, abusive, disruptive, or obscene
material or message in violation of the rights of any person or which
constitute a criminal offense, or otherwise violate any local, state,
national, or international law;
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| (b) |
uploading
or reproducing any information protected by any intellectual property
right without obtaining permission of the relevant intellectual
property right owner. Only public domain files, and files which the
relevant intellectual property right owner has given you express
consent to copy and redistribute online or otherwise, may be uploaded
to the Site, including any software files or libraries;
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| (c) |
uploading files containing computer viruses or other disruptive programs;
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| (d) |
engaging
in abusive behaviour while in chat rooms. Such abusive behaviour
includes but is not limited to obscene, racist, and other offensive
language, harassment of other members, or purposefully disrupting the
Site through means such as scrolling and impersonating another member;
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| (e) |
acquiring or attempting to acquire passwords, financial or personal information from members;
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| (f) |
using an obscene or offensive handle or name;
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| (g) |
engaging in actions designed to disrupt a chat or otherwise reduce other members’ enjoyment of the Site; or
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| (h) |
violating any terms, rules or policies which are posted or otherwise made available or communicated to you in any manner.
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| 5. |
You
are also prohibited from using the Site for (a) the furtherance of
games and lotteries unless licensed under applicable laws; (b) horse
racing analysis, commentaries or tips for the purposes of gambling; (c)
advertising or promoting astrology, geomancy, palmistry or fortune
telling devices; (d) prostitution or other immoral activities; (e)
professional advice or specialist consultancy services where such
services are offered by persons with qualifications recognised by the
relevant professional bodies in the relevant jurisdiction; or (f)
broadcasting films, video or sound recordings unless approved by the
relevant authorities or government bodies. You shall also not use the
Site to propagate, promote or discuss political or religious issues
which may incite political or racial disharmony.
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| 6. |
You should also not use the Site to publish advertisements that:
| (a) |
contain any express or implied inducement, suggestion or request to purchase or to smoke any tobacco product;
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| (b) |
relates
to smoking in terms which are calculated, expressly or impliedly, to
lead to, induce, urge, promote or encourage the use of any tobacco
product for the purpose of smoking; or
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| (c) |
which
mentions, illustrates or depicts — (i) the name or trade name of any
person associated or concerned with the manufacture, distribution or
marketing of any tobacco product; (ii) a brand name of or trade mark
relating to any tobacco product; or (iii) any pictorial device commonly
associated with a brand name of or trade mark relating to any tobacco
product.
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| 7. |
All
contents of the Site including, but not limited to the text, graphics,
links and sounds are the copyright of Sony or its licensors. Although
Sony authorises you to view and access the contents of the Site solely
for your personal and non-commercial use, you may not otherwise copy,
download, distribute, display, perform, adapt, modify, publish, create
derivative works from, decompile, reverse engineer or otherwise deal
with in any way all or any of the contents of the Site without the
prior written consent of Sony.
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| 8. |
Where
expressly provided for by Sony on the Site, some contents on this Site
are available for download by you (the “Downloadable Content”). Sony
hereby grants you a non-exclusive, limited, non-transferable,
royalty-free right to download the Downloadable Content for your
personal and non-commercial use only. You shall not sub-license,
distribute, adapt, modify, create derivative works from, decompile,
reverse engineer the Downloadable Content without the prior written
consent of Sony.
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| 9. |
All
marks, names and logos (whether registered or unregistered), including
“My SONY”, “Sony”, “Vaio”, “Trinitron” and “Memory Stick”, used on the
Site (unless otherwise stated) are trade marks, service marks and
intellectual property rights held by Sony and/or companies within the
Sony group. No permission or licence is granted to use any such trade
mark, service mark or intellectual property right without the prior
written consent of Sony, companies within the Sony group or its legal
representatives (as the case may be)
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| 10. |
For
the purposes of these SONY Terms and Conditions of Use, “Products”
shall mean any and all goods and services advertised and/or
promoted by Sony or any third party on the Site, in accordance with
these terms and conditions.
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| 11. |
Features
and specifications of Products advertised, provided and/or made
available on the Site are subject to change at any time without notice.
Without limiting the generality of the foregoing, Sony draws your
attention to the following:
| (a) |
weights, measures, colours and sizes provided are only approximates;
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| (b) |
all monitor screen measurements are taken diagonally; and
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| (c) |
all monitor screen images provided are simulated pictures unless otherwise indicated.
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| 12. |
While
Products advertised, provided and/or made available on the Site are
generally available for purchase in Singapore, nothing on the Site
shall imply, represent or warrant that such Products are or will be
available at the various local Sony authorised representatives in
Singapore. You should therefore check with your local Sony authorised
representative for specific product availability in your locality.
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| 13. |
Only
orders for Products on the Site that are accepted by Sony shall
constitute a legal, valid and binding contract between yourself and
Sony.
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| 14. |
The
processing of the orders for the Products, their delivery and provision
shall be subject to a separate set of terms and conditions from these
SONY Terms and Conditions of Use. Similarly, any warranties or repair
or refund policies (if any) on the Products are also addressed
separately.
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| 15. |
The
possession, distribution, circulation, importation or other dealing
with such Products that are available on the Site may be subjected to
the laws and regulations of some countries and jurisdictions. It is
your responsibility to ensure that any such dealings with such Products
is in compliance with all applicable laws and regulations of the
relevant countries and jurisdictions, including such licensing,
intellectual property, taxation, revenue, customs, import and export
control laws of such relevant countries and jurisdictions, and to
observe all such laws and regulations.
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| 16. |
SONY
MAKES NO GUARANTEE, ENDORSEMENT, REPRESENTATION OR WARRANTY, TERM OR
CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY THAT THE PRODUCTS
ADVERTISED, PROVIDED AND/OR MADE AVAILABLE ON THE SITE INCLUDING THE
DOWNLOADABLE CONTENT ARE OF GOOD TITLE, CORRESPOND WITH DESCRIPTION,
MERCHANTABLE, OF SATISFACTORY FITNESS OR QUALITY FOR ANY GENERAL OR
PARTICULAR PURPOSE. NOR IS SONY UNDER ANY OBLIGATION TO PROVIDE ANY
WALK-IN, HOUSE CALL, BACKUP OR TECHNICAL SUPPORT OR ANY OTHER POST-SALE
SERVICE. ALL PRODUCTS MADE AVAILABLE TO YOU SHALL BE THE SUBJECT MATTER
OF A SEPARATE CONTRACT BETWEEN YOURSELF AND SONY. FURTHER, SONY SHALL
NOT IN ANY WAY BE RESPONSIBLE FOR THE NON-RECEIPT OF ANY ORDER YOU
MAKE, OR ANY DELAY IN THE DELIVERY OF ANY PRODUCT YOU MAY ORDER.
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| 17. |
SONY
MAKES NO GUARANTEE, ENDORSEMENT, REPRESENTATION OR WARRANTY, TERM OR
CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SITE
AND ITS OPERATION, OR THE MATERIALS AND INFORMATION CONTAINED OR
REFERRED TO ON EACH PAGE HEREIN INCLUDING THE DOWNLOADABLE CONTENT. THE
SITE AND ITS AVAILABLE MATERIALS AND INFORMATION INCLUDING THE
DOWNLOADABLE CONTENT ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE”
BASIS. SONY MAKES NO GUARANTEE, ENDORSEMENT, REPRESENTATION OR
WARRANTY, TERM OR CONDITION IN RESPECT OF ANY ACCURACY, QUALITY,
COMPLETENESS, TIMELINESS, SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR A GENERAL OR PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE
OF ANY SOFTWARE, COMMUNICATIONS, TRANSMISSIONS, INFORMATION, DATA,
PRODUCT OR SERVICE PROVIDED PURSUANT TO THE SITE.
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| 18. |
OTHER
THAN LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR
FOR FRAUD, ANY WARRANTY, TERM OR CONDITION WHICH MAY BE IMPLIED OR
INCORPORATED WITHIN THESE SONY TERMS AND CONDITIONS OF USE BY REASON OF
STATUTE OR COMMON LAW OR OTHERWISE (INCLUDING WARRANTIES AS TO
DESCRIPTION, MERCHANTABILITY, SUITABILITY, SATISFACTORY QUALITY AND
FITNESS FOR A GENERAL OR PARTICULAR PURPOSE) IS HEREBY EXPRESSLY
EXCLUDED.
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| 19. |
SONY
ACCEPTS NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR
CONSEQUENTIAL LOSS OR DAMAGE) FROM YOUR USE OF THE SITE, HOWSOEVER
ARISING, AND INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM, BUT
NOT LIMITED TO, ANY DEFECT, ERROR, IMPERFECTION, FAULT, MISTAKE OR
INACCURACY IN, OF OR ON THE PART OF (AS IS APPLICABLE) THE SITE OR ITS
CONTENTS, THE DOWNLOADABLE CONTENT OR DUE TO ANY UNAVAILABILITY OF THE
SITE OR ANY PART THEREOF OR ANY CONTENTS OR ASSOCIATED PRODUCTS OR
SERVICES.
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| 20. |
WITHOUT
PREJUDICE TO THE OTHER PROVISIONS OF THESE MY SONY TERMS AND CONDITIONS
OF USE AND TO ANY OTHER RIGHTS AND REMEDIES WHICH SONY MAY POSSESS, YOU
HEREBY AGREE TO INDEMNIFY AND HOLD SONY HARMLESS AT ALL TIMES AGAINST
ALL ACTIONS, PROCEEDINGS, COSTS, CLAIMS, EXPENSES (INCLUDING ALL LEGAL
COSTS ON A FULL INDEMNITY BASIS), DEMANDS, LIABILITIES, LOSSES (WHETHER
DIRECT, INDIRECT OR CONSEQUENTIAL) AND DAMAGES (WHETHER IN TORT,
CONTRACT OR OTHERWISE) WHATSOEVER AND HOWSOEVER ARISING, INCLUDING
WITHOUT LIMITATION CLAIMS MADE BY THIRD PARTIES AND CLAIMS FOR
DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, DEATH, BODILY
INJURY, WRONGFUL USE OF COMPUTERS, UNAUTHORISED OR ILLEGAL ACCESS TO
COMPUTERS (INCLUDING BUT NOT LIMITED TO HACKING), PROPERTY DAMAGE OR
PECUNIARY LOSSES WHICH SONY MAY SUSTAIN, INCUR, SUFFER OR PAY ARISING
OUT OF, IN CONNECTION WITH OR PURSUANT TO YOUR ACCESS TO AND/OR YOUR
USE OF THE SITE, WHETHER OR NOT SUCH ACCESS OR USE WAS AUTHORISED OR
WHETHER IT WAS DUE TO ANY ACT OR OMISSION ON YOUR PART. FOR THE
PURPOSES OF THIS CLAUSE, ANY REFERENCE TO THE USE OF THE SITE SHALL
INCLUDE BUT IS NOT LIMITED TO THE DOWNLOADABLE CONTENT OR THE PURCHASE
OF ANY PRODUCT BY YOU.
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| 21. |
SONY
SHALL NOT HAVE ANY LIABILITY FOR ANY DELAY OR DEFAULT IN ITS OPERATION
OF THE SITE CAUSED BY CIRCUMSTANCES BEYOND ITS CONTROL INCLUDING BUT
NOT RESTRICTED TO ACTS OF GOD, ACTS OF THE PUBLIC, ENEMY, DECREES OR
RESTRAINTS BY GOVERNMENTAL AUTHORITIES, TELECOMMUNICATIONS, COMPUTER OR
UTILITIES FAILURE, STRIKES, WAR, RIOTS, INSURRECTIONS, CIVIL COMMOTION
AND OTHER CAUSES OF SUCH NATURE. IN ANY OF THE EVENTS MENTIONED ABOVE,
SONY SHALL FOR THE DURATION OF SUCH EVENT, BE RELIEVED OF ANY SUCH
OBLIGATION UNDER THESE SONY TERMS AND CONDITIONS OF USE AS IS AFFECTED
BY THE SAID EVENT. PROVIDED THAT THE PROVISIONS OF THESE SONY TERMS AND
CONDITIONS OF USE SHALL REMAIN IN FORCE WITH REGARD TO ALL OTHER
OBLIGATIONS WHICH ARE NOT AFFECTED BY SUCH EVENT. AND PROVIDED FURTHER
THAT THE PARTIES SHALL RESUME THEIR FULL OBLIGATIONS UNDER THIS
AGREEMENT UPON THE CESSATION OF SUCH EVENT.
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| 22. |
YOU
ACKNOWLEDGE THAT CIRCUMSTANCES COULD ARISE IN WHICH THE REMEDIES AND
LIMITATIONS ON LIABILITY SET FORTH IN THESE MEMBERSHIP RULES MAY APPEAR
INSUFFICIENT TO YOU. IN THE LIGHT OF THE OVERALL AGREEMENT REACHED
HEREUNDER, SONY AND YOU HAVE AGREED THAT THE LIMITED REMEDIES AND
LIABILITIES SET OUT HEREIN ARE PART OF A REASONABLE ALLOCATION OF THE
RISKS AND BENEFITS OF THE AGREEMENT BETWEEN SONY AND YOU, TAKING ALL
RELEVANT FACTORS INTO CONSIDERATION INCLUDING THE VALUE OF THE
CONSIDERATION PROVIDED BY YOU AND THE AVAILABILITY AND COSTS OF
INSURANCE WITH RESPECT TO THE SAID RISKS.
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| 23. |
Please
note that any software downloaded from the Site (including the
Downloadable Content) is at your own risk and Sony neither assumes nor
accepts liability for any loss or damage, (whether direct or indirect),
howsoever caused, as a result of any computer viruses, trojan horses,
worms, software bombs or similar items or processes arising from your
use of the Site.
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| 24. |
Sony
does not guarantee that any e-mails sent from the Site will be received
by you or received by Sony if sent by you nor does Sony warrant the
privacy and/or security of e-mails during Internet transmission.
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| 25. |
Sony
controls and maintains the Site from the Republic of Singapore and Sony
makes no representation that the material and information contained
herein is appropriate or available for use in other
locations/jurisdictions.
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| 26. |
Unless
restricted by applicable law, you agree that any and all personal
information/data relating to you collected by Sony from the Site from
time to time may be used and disclosed for such purposes and to such
persons as may be in accordance with the SONY Privacy Statement.
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| 27. |
In
respect of any information or materials which you submit to Sony using
the Site, you agree that such information or materials are
non-proprietary and non-confidential and grant to Sony, companies
within the Sony group and its affiliates, a word-wide perpetual licence
without charge to use such information or materials for any purpose it
deems necessary, including without limitation, the copying,
transmission, distribution, broadcast and publication thereof, unless
restricted by applicable law. In addition, you hereby grant to Sony,
companies within the Sony group and its affiliates, a word-wide
perpetual right to use, without any compensation to you, any ideas,
concepts, know-how, or techniques contained in any information or
materials submitted to Sony for any purpose whatsoever, including
without limitation, developing, manufacturing, and marketing products
using such information or materials. Sony shall also be entitled to
make use of, to publish and to make available, in any way, any
demographical and statistical data it collates from your usage of the
Site.
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| 28. |
You
agree that Sony shall not be under any obligation of confidentiality to
you regarding any such information or materials submitted to it using
the Site unless agreed otherwise in a separate direct contract between
you and Sony or as required by law.
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| 29. |
The
Site may contain links to other web sites (the "Linked Sites"). The
Linked Sites are not under the control of Sony and Sony is not
responsible for the contents of any Linked Sites, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Sony is not responsible for web casting or
any other form of transmission received from any Linked Site. Sony is
providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Sony of the web site or any
association with its operators. You are responsible for viewing and
abiding by the terms and conditions, privacy statements and other legal
notices posted at the Linked Sites.
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SONY
ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR
INDIRECTLY (INCLUDING CONSEQUENTIAL LOSS) FROM THE ACCURACY OR
OTHERWISE OF MATERIALS OR INFORMATION CONTAINED ON THE PAGES OF SUCH
LINKED SITES OR LOSS ARISING DIRECTLY OR INDIRECTLY FROM DEFECTS WITH
SUCH LINKED SITES.
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| 31. |
By
accessing and/or performing transactions on the Site, you are deemed to
be a "user" of the Site. These SONY Terms and Conditions of Use are
applicable to the Site, but not necessarily to other Sony web sites on
the World Wide Web. When leaving the Site, please read any terms and/or
guidelines of use applicable to such web sites to ensure you agree with
the terms and/or guidelines of use applicable to that web site.
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| 32. |
Sony
may terminate or suspend your access to and use of the Site at any
time, without liability and for whatsoever reason or cause, without
notice.
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| 33. |
Sony
reserves the right in its discretion to modify without prior warning or
notice these SONY Terms and Conditions of Use and any information or
material contained on the Site, including, without prejudice to the
generality of the above, revisions, amendments, alteration of prices,
withdrawals and discontinuations of any Product at any time and at the
sole discretion of Sony or the participating merchants. You agree that
your continued use of the Site after such modification shall constitute
an affirmative acknowledgement by you of the modifications and
agreement by you to abide and be bound by such modifications. As such,
Sony recommends and advises you to visit this web page to review the
prevailing SONY Terms and Conditions of Use on the Site.
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In
case of any conflict or inconsistency between these SONY Terms and
Conditions of Use and any other terms or legal notices posted on the
Site or otherwise applicable between the parties in relation to the
Site, the documents shall prevail in the following order:
| (a) |
SONY Privacy Statement;
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| (b) |
SONY Terms and Conditions of Use.
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| 35. |
These
SONY Terms and Conditions of Use are governed by the laws of the
Republic of Singapore and any dispute arising out of or in connection
with it shall be subject to the exclusive jurisdiction of the courts of
the Republic of Singapore.
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| 36. |
Save
for in relation to clause 27, parties agree that the application of the
Contracts (Rights of Third Parties) Act 2001 is hereby excluded. |
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