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Sony Introduces New Terms of Service and User Agreement


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243w ago - With the PS3 Firmware 3.30 update, Sony has [Register or Login to view links] a new Terms Of Service and User Agreement - Version 6.0 (April 21, 2010).

The most interesting is paragraph 11, to cite:

11. MAINTENANCE AND UPGRADES

From time to time, it may become necessary for SCEA to provide certain content to you to ensure that Sony Online Services and content offered through Sony Online Services, your PlayStation 3 computer entertainment system, the PSP (PlayStation Portable) system or other SCEA-authorized hardware is functioning properly in accordance with SCEA guidelines.

Some content may be provided automatically without notice when you sign in. Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities.

Such upgrades or updates may be provided for system software for your PlayStation 3 computer entertainment system, the PSP (PlayStation Portable) system, or other SCEA-authorized hardware. Access or use to any system software is subject to terms and conditions of a separate end user license agreement found at [Register or Login to view links].

You authorize SCEA to provide such content and agree that SCEA shall not be liable for any damages, loss of data or loss of functionalities arising from provision of such content or maintenance services. It is recommended that you regularly back up any archivable data located on the hard disk.

Is it just me, or is Sony trying to cover their bottoms?



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Comments 52 Comments - Go to Forum Thread »

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#22 - NaTaS69 - 243w ago
NaTaS69's Avatar
Imagine if i bought a slim. Arrive at home, set it up, everything dandy.

Then hook up the internet, actually read the TOS and don't agree.

Is still the retailer fault?

#21 - alexcamrod - 243w ago
alexcamrod's Avatar
So now they can go in to the system whenever they want look around for hacks and not only ban you from the network but also mess your stuff up if they feel like it and say, well you shoulden't have hacked your system and we are not respnsible for any damages.

I'll bet just about anything, if the ps3 gets fully hacked, we'll start to see a massive jump in YLOD. I also bet that just to cover their butts they'll hit a few non-hacked systems and say, no its not just the hacked systems, but the ratio is going to be obvious.

I would say at least 75-85% of the YLOD increase will be hacked systems, even slightly hacked systems. I really can't wait for a CFW for ps3. The PSP has done awesome with CFWs, and i don't mean for pirating.

#20 - fun4you2008 - 243w ago
fun4you2008's Avatar
So, this could be why this update is mandatory. It's to get you to agree to a new ToS. I'll have to go back (if someone doesn't do it before I do) and compare the previous ToS with this new one. Most of the info posted so far I believe was part of the previous ToS. The question is... what DID change - and why does Sony want everyone to move to it...

It could be the limitation of damages on the URL in the OP - I don't remember damages this, but it's been a while since I looked:
YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN OR IN CONNECTION WITH THIS AGREEMENT AND SCEA’S MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, SCEA EXCLUDES 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 AND HOWEVER ARISING, AS A RESULT OF ACCESSING ANY SERVICE OR DOWNLOADING ANY CONTENT TO YOUR PlayStation®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP® (PlayStation®PORTABLE) SYSTEM, OR ANY HARDWARE DEVICE, OR USING OR ACCESSING THE PSN. 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.

#19 - General Plot - 243w ago
General Plot's Avatar
Quote Originally Posted by GrandpaHomer View Post
Some content may be provided automatically without notice when you sign in. Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities.

Such upgrades or updates may be provided for system software for your PlayStation 3 computer entertainment system, the PSP (PlayStation Portable) system, or other SCEA-authorized hardware.

Is it just me or does this sound like auto firmware updates without even asking you if you want it?

#18 - siacotos - 243w ago
siacotos's Avatar
I have not played my ps3 since I got my 360. when geohot comes through I will be using the ps3 again.

 

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