PLAYSTATION DIRECT TERMS OF SERVICE AND SALE
Welcome to PlayStation Direct. The following Terms of Service and Sale (the “Terms”) govern your access and use of PlayStation Direct and its related web and mobile sites) (“PlayStation Direct” or the “Store”), including any transactions or purchases made from the Store.
PLEASE READ CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A CONTRACT BETWEEN YOU AND SONY INTERACTIVE ENTERTAINMENT AMERICA TRADING LLC D/B/A PLAYSTATION DIRECT (“SIEAT”). THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND SIEAT LLC AND EACH OF ITS CURRENT OR FORMER AFFILIATES, INCLUDING PARENTS OR SUBSIDIARIES, AND ANY PREDECESSOR OR SUCCESSOR ENTITY TO ANY OF THE FOREGOING (COLLECTIVELY, "SONY ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION.
By using or accessing, or by acquiring products or services from PlayStation Direct, you accept and agree to these Terms, the PlayStation.com Terms of Service, and all other applicable terms and conditions, policies, or disclaimers found in the Store or referenced in these Terms (collectively the "Store Policies"). We encourage you to read these Terms, including the Store Policies incorporated by reference herein, carefully. You may not use or transact business with the Store if you do not agree to these Terms.
We may, in our sole discretion may modify these Terms at any time. You are responsible for reviewing these Terms each time you use or make a purchase from PlayStation Direct. By using or making a purchase from PlayStation Direct, you agree to be bound by the then-current Terms.
1. ABILITY TO ACCEPT TERMS
By using or transacting with PlayStation Direct, you affirm that you have reached the age of majority or legal age in your state or jurisdiction of residence (e.g., you are at least 19 years of age and a legal resident of AL or NE or are at least 18 years of age and a resident of all other U.S. states), or are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to form legally binding contracts under applicable law, and agree to abide by the terms, conditions, obligations, representations and responsibilities set forth in these Terms.
If you are not of the age of majority in your state or jurisdiction of residence, you should access or purchase from PlayStation Direct only with involvement of a parent or guardian who is capable of accepting these Terms, and by accessing or making a purchase from PlayStation Direct you are confirming that you are in compliance with this requirement.
2. GUEST ACCOUNTS AND PSN ACCOUNTS
For some products, you do not need to create a PlayStation™Network ("PSN") account to view or purchase from PlayStation Direct, you may purchase as a Guest. If you choose to create a PSN account, you will need to agree to a separate Terms of Service and User Agreement that governs your use of and access to PSN and its services (the “TOSUA”). In our sole discretion, we may require you to create and/or use a PSN account to purchase certain items.
For PSN account holders, to the extent there is any conflict between these Terms and the terms and conditions of the TOSUA, these Terms shall govern with respect to any transactions made with PlayStation Direct; the TOSUA shall otherwise govern your access to and use of PSN and its services.
Please note that currently only United States-based PSN accounts can purchase from PlayStation Direct.
3. GEOGRAPHIC AVAILABILITY
At this time, only customers with a billing address and shipping address located in the United States may purchase from PlayStation Direct.
Currently PlayStation Direct cannot ship to P.O Boxes, U.S. territories, or to addresses located outside of the United States. Please see our Shipping FAQ for more information on shipping capabilities and restrictions.
In addition, there may be limits on where we provide services or access to digital content.
4. NO RESELLERS
You must be an end user to purchase from PlayStation Direct. Resellers, as determined by us in our sole discretion, are not eligible to purchase.
The price applicable to your purchase will be the price that was in effect at the time you placed the order. If the price later drops for any purchased item, or if we offer promotional pricing or changes to the product offering subsequent to your purchase, you will not be entitled to any refund of the price difference. Your purchase remains final and non-refundable unless it otherwise qualifies for a refund under the PlayStation Direct Refund Policy.
Special product, prices and promotions are no longer valid once they are changed or removed. Errors in listed prices, product descriptions, and associated terms may occur. If we discover an error in the price of items you have ordered, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be cancelled. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of listings, descriptions, or images (including any features, specifications, and other information).
Unless otherwise indicated, prices listed do not include sales tax. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of the transaction.
6. HOW TAX IS CALCULATED
The amount of tax charged on your order depends on a number of factors, including the shipment or delivery address of your order, and the time and location of fulfillment. Because these factors may change between the time you place an order and the time your order is shipped, the tax amount displayed in the Cart at the time you place your order is an “Estimated Tax.” The tax amount will be updated at the time of shipment, and any difference will be applied to your order. You are solely responsible for all fees and taxes associated with all purchases that you make from PlayStation Direct.
Please note, at this time, only customers with a billing address and shipping address located in the United States may purchase from PlayStation Direct.
All orders placed with the Store are subject to product availability. Availability of products are subject to change without notice. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. PlayStation Direct reserves the right at any time after receipt of your order to accept or decline your order for any reason, and to require additional verification or information before accepting any order. PlayStation Direct reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
We may offer an option to pre-order some products before their availability date; additional terms may apply to pre-orders.
Products made available through PlayStation Direct are sold for your personal, non-commercial use. PlayStation Direct reserves the right, with or without prior notice, in its sole discretion, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all purchases; and (iv) refuse to provide any user with any product or service. PlayStation Direct also reserves the right to, in its sole discretion, refuse service, terminate your rights to use PlayStation Direct, remove or edit content, or cancel orders.
When you place an order to purchase goods or services from the Store, you authorize us to charge your selected payment method for the total amount of your order, including any shipping charges and applicable taxes. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE FROM THE STORE.
In order to complete your order you may be asked to supply information relevant to your purchase, including information about your payment method (e.g., credit card number, expiration date), your billing address, and your shipping information. By submitting such information, you grant to PlayStation Direct the right to provide such information to third parties for purposes of facilitating the completion of any purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchase.
For physical goods, we generally do not charge your credit card until after your order has entered the shipping process. For digital products, we charge your card at the time the content is made available to you. Timing may be different for pre-orders. Purchases made from PlayStation Direct will appear on your credit card statement as charges from PlayStation Direct.
You agree to pay all charges that may be incurred by you or on your behalf through the Store, at the price(s) in effect when such charges are incurred including all taxes, the costs of shipping the purchased products to you, handling charges, or other fees. You also agree to pay all bank fees related to any transactions or failed transactions (e.g., chargebacks from your bank or credit card provider) initiated by you, or on your behalf, with the Store.
We will ship purchased items to you within thirty (30) days unless otherwise stated at the time of the transaction.
Orders are shipped during business hours, Monday - Friday. We do not ship on Saturdays, Sundays, or holidays.
Signature upon delivery is required for all hardware and hardware bundles. Currently, we cannot ship to PO Boxes, U.S. territories, or addresses outside of the United States.
See our Shipping FAQ for more information on shipping options, restrictions, and estimated delivery times.
10. RISK OF LOSS
Purchases of physical items from PlayStation Direct are sent by a third-party carrier pursuant to a shipment contract. This means that the risk of loss for such items pass to you upon our delivery to the carrier.
For returns, we do not take title to items returned to PlayStation Direct until they are accepted at our returns fulfillment center, and the risk of loss remains with you until the returned item(s) are delivered to us at that location.
11. RETURNS AND REFUNDS
If you are not fully satisfied with your purchase from PlayStation Direct, you may return it in accordance with PlayStation Direct Refund Policy (“Refund Policy”) found at: https://direct.playstation.com/en-us/returns-refund-policy. Except as stated in the Refund Policy, or otherwise required by law, all purchases made from PlayStation Direct are final and non-refundable.
12. PROMOTIONAL OFFERS
We may conduct promotions that offer discounts when you purchase certain items or purchase multiple qualifying items. Promotional offers may be subject to additional terms and conditions.
We may offer you the opportunity to purchase subscription products which provide access to particular content, products, or services for a specified period of time. Subscriptions products are redeemable on the PlayStation Store.
Subscription products are subject to additional terms applicable to that subscription product. Subscriptions may not be available to all users; age and geographic restrictions may apply. Most subscriptions will renew automatically until you cancel the subscription. Please review each product description, cost, and subscription term carefully before order, payment or download. As with all orders, please print and retain a copy of your receipt for your reference.
14. PRODUCT CODES
We may provide product codes that can be redeemed on the PlayStation Store to access services or content, including promotional content. Product codes may not be available in all countries or to all users, and age restrictions may apply. Additional terms may accompany the product codes.
Some product codes must be used before a specified expiration date and in accordance with specified terms. Unless otherwise stated, product codes may be used once only by the recipient and may not be transferred or sold to any other person.
15. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Store, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms, or any other terms that apply to your use of the Store.
You may not use the Store in any manner that could damage, disable, overburden, or impair any Sony Entity server, or the network(s) connected to any Sony Entity server, or interfere with any other party's use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any Sony Entity server or to the Store, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including any Sony Entity. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the Store.
16. INTELLECTUAL PROPERTY LICENSE AND RESTRICTIONS
Except as stated in this agreement, all content and software provided through PlayStation Direct are licensed non-exclusively and revocably to you for your personal, private, non-transferable, non-commercial, limited use. All intellectual property rights subsisting in the PlayStation Direct store, including all software, data, and content subsisting in or used in connection with the Store, and access to content and hardware used in connection with the Store (collectively defined as "Property"), belong to SIE LLC, its affiliates and its licensors. This license and all use or access to Property is expressly conditioned on your compliance with this agreement's terms, Store Policies any other applicable agreements, and all applicable copyright and intellectual property rights laws. Disc games and software products may be subject to additional terms and conditions.
17. LINKS TO THIRD-PARTY SITES
We may include links to third-party websites that let you leave the Store. These linked sites are not under the control of PlayStation Direct, and PlayStation Direct is not responsible for the contents of any linked site or any link contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PlayStation Direct or any Sony Entity of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.
18. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
No warranty is given about the quality, functionality, availability or performance of PlayStation Direct, or any content or service offered on or through PlayStation Direct. Except where prohibited by law, all services and all information, content, materials, and products (including digital content or other software) included in or otherwise made available to you through PlayStation Direct are provided "AS IS" and "AS AVAILABLE" with all faults. OTHER THAN AS REQUIRED BY LAW, PLAYSTATION DIRECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF PLAYSTATION DIRECT, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING DIGITAL CONTENT OR SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PLAYSTATION DIRECT, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF PLAYSTATION DIRECT IS AT YOUR SOLE RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE DISCLAIMER ON IMPLIED WARRANTIES DOES NOT APPLY TO THOSE PRODUCT ON WHICH A WRITTEN WARRANTY IS OFFERED.
In addition to the limitations of liability of this agreement, PlayStation Direct expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. PLAYSTATION DIRECT EXCLUDES ALL LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF USING, ACCESSING, OR PURCHASING ANY PRODUCTS (INCLUDING DIGITAL CONTENT OR SOFTWARE) OR SERVICES FROM PLAYSTATION DIRECT. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
19. GOVERNING LAW AND JURISDICTION
The laws of the State of California, without regard to conflict-of-law rules, govern this agreement and any dispute between you and the Sony Entities. Any dispute not subject to arbitration and not initiated in small claims court may be brought by either party in a court of competent jurisdiction in either the Superior Courts for the State of California in and for the County of San Mateo or in the United States District Court for the Northern District of California. Each party submits itself to the exclusive jurisdiction and venue of those courts, and waives all jurisdictional, venue and inconvenient forum objections to those courts. In any litigation to enforce any part of this agreement, all costs and fees, including attorney's fees, will be paid by the non-prevailing party.
20. DISPUTES/BINDING INDIVIDUAL ARBITRATION
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and any of the Sony Entities relating in any way to your use of PlayStation Direct or your purchase of any products or services sold or distributed through PlayStation Direct, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any Sony Entity or any of a Sony Entity's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and the Sony Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
EXCLUSIONS FROM ARBITRATION. YOU AND PLAYSTATION DIRECT AGREE THAT ANY CLAIM FILED BY YOU OR BY PLAYSTATION DIRECT IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN SERVICES ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY SONY ENTITY, YOU MUST SEND WRITTEN NOTICE TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: SONY LEGAL DEPARTMENT: DISPUTE RESOLUTION, TO GIVE THE SONY ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Sony Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the Sony Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the Sony Entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the goods, software, and/or service provided to you by the Sony Entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the Sony Entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Sony Entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the Sony Entity you have a Dispute with may initiate arbitration in either San Mateo County, California or the United States county in which you reside. In the event that you select the county of your United States residence, the Sony Entity you have a Dispute with may transfer the arbitration to San Mateo, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire section will be unenforceable, and the Dispute will be decided by a court and you and the Sony Entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This section survives any termination of this agreement or the provision of PlayStation Direct services to you.
21. GENERAL LEGAL
These Terms inure to the benefit of the parties, including any of our successors in interest. We have the right to assign our rights and obligations under these Terms to any affiliates. If any provision of these Terms is held to be illegal or unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder will remain in full force and effect.
22. CONTACT INFORMATION
Our mailing address is:
Sony Interactive Entertainment LLC
2207 Bridgepoint Parkway
San Mateo, CA 94404
Attn: Global Stores and Services
DO NOT SEND RETURNS TO THIS ADDRESS. RETURNS SHOULD ONLY BE SENT TO THE ADDRESS LISTED ON THE PREPAID SHIPPING LABEL WE PROVIDE TO YOU.