IMPORTANT DISCLAIMERS AND TERMS OF USE

Welcome to the PlayStationMuseum.com website. We are dedicated to preserving the history of the PlayStation. Many of the comments on this website may be subjective in nature and unless otherwise expressed, should not be construed as historical fact. PlayStationMuseum.com is subject to your compliance with the terms and conditions set forth below (the "Agreement"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PlayStationMuseum.com WEBSITE. BY ACCESSING OR USING PlayStationMuseum.com, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE PlayStationMuseum.com. THE RIGHT TO USE PlayStationMuseum.com IS PERSONAL, AND CANNOT BE TRANSFERRED TO ANY OTHER PERSON OR ENTITY.

PLAYSTATION MUSEUM MAY MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A MODIFIED VERSION AT PlayStationMuseum.com WITHOUT NOTIFICATION. IF YOU DO NOT WISH TO BE BOUND BY THE MODIFIED AGREEMENT, THEN YOU MUST NOT ACCESS OR OTHERWISE USE PlayStationMuseum.com. YOUR CONTINUED ACCESS OR USE OF PlayStationMuseum.com FOLLOWING POSTING OF THE MODIFIED AGREEMENT SHALL BE DEEMED YOUR ACCEPTANCE THEREOF. PlayStationMuseum.com SHALL ALSO HAVE THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF PlayStationMuseum.com, INCLUDING, BUT NOT LIMITED TO, ALL OF ITS CONTENT, AND ITS HOURS OF AVAILABILITY.

1. Glossary.

PlayStationMuseum.com is an interactive online museum on the World Wide Web portion of the Internet, owned and operated by PlayStationMuseum.com. ("PlayStation Museum"), and consisting of reviews and evaluations of work of third party experts across multiple categories, as well as presentations where consumers can obtain conclusions, recommendations, or suggestions about what products or services are either 'best bets', 'top-rated', 'suggested', or in some way 'recommended', and rankings of third party reviews and other information sources across multiple categories. "Content" means the evaluations, presentations, rankings, reviews, other information, advertisements, chat room discussions, screenshots, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from any of the services contained on PlayStationMuseum.com, whether such Content is owned by PlayStation Museum or third parties. "User" means each person who establishes or accesses a connection for access and for use of PlayStationMuseum.com.

2. User Conduct.

(A) User shall use PlayStationMuseum.com for lawful purposes only. User shall not post or transmit through PlayStationMuseum.com any material which violates or infringes in any way upon the rights of others (including intellectual property rights), which is unlawful, threatening, abusive, defamatory, harassing, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PlayStation Museum's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in PlayStation Museum's discretion restricts or inhibits any other User from using or enjoying PlayStationMuseum.com will not be permitted. User shall not use PlayStationMuseum.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other online information services competitive with PlayStationMuseum.com.

(B) PlayStationMuseum.com contains copyrighted material, trademarks of PlayStation Museum as well as third parties and other proprietary information, including, but not limited to, the Content, and this Content is protected under the United States copyright laws and international laws and treaties. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any other way exploit any of the Content, in whole or in part. User may download the Content for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PlayStation Museum and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) User shall not upload, post or otherwise make available on PlayStationMuseum.com any material in violation of any copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to PlayStationMuseum.com, User automatically grants and warrants that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User hereby grants PlayStation Museum the right to edit, copy, publish and distribute any material made available on PlayStationMuseum.com by User.

3. Disclaimer of Warranty; Limitation of Liability.

(A) USER EXPRESSLY AGREES THAT USE OF PlayStationMuseum.com IS AT USER'S SOLE RISK. THE CONTENT IS NOT PROMISED OR GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE. PlayStationMuseum.com IS PROVIDED ON AN "AS IS "AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

(B) NEITHER PLAYSTATION MUSEUM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE MEMBERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PlayStationMuseum.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PlayStationMuseum.com, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED ON OR THROUGH PlayStationMuseum.com. FURTHERMORE, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE CONTENT.

(C) IN NO EVENT WILL PLAYSTATION MUSEUM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PlayStationMuseum.com, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR ARISING OUT OF THE USE OF OR INABILITY TO USE PlayStationMuseum.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL OF THE CONTENT ON PlayStationMuseum.com. IN ANY EVENT, PLAYSTATION MUSEUM'S MAXIMUM TOTAL LIABILITY TO USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE GREATER OF THE PRICE, IF ANY, PAID BY USER FOR ACCESS TO PlayStationMuseum.com OR 25 DOLLARS ($25.00).

(D) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THIS DISCLAIMER FURTHER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT OR ANY OF THE PRODUCTS OR SERVICES REFERRED TO IN THE CONTENT. PLAYSTATION MUSEUM SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR LOSSES RELATING TO ANY PRODUCTS OR SERVICES REFERRED TO AT ANY TIME IN THE CONTENT, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. USER SPECIFICALLY ACKNOWLEDGES THAT PLAYSTATION MUSEUM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

(E) PLAYSTATION MUSEUM DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON PlayStationMuseum.com TO BE REFERRALS OR ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES. PLAYSTATION MUSEUM IS NOT AFFILIATED WITH, OR SPONSORED OR ENDORSED BY ANY OTHER CONSUMER PRODUCT RATING SERVICE, AND ANY REFERENCE TO SUCH THIRD-PARTY RATING SERVICES IS SOLELY FOR THE GENERAL INFORMATION AND CONVENIENCE OF USERS USING PlayStationMuseum.com.

4. Monitoring.

PlayStation Museum shall have the right, but not the obligation, to monitor the Content of PlayStationMuseum.com, including future chat rooms and forums, to determine compliance with this Agreement and any operating rules established by PlayStation Museum, and to satisfy any law, regulation or authorized government request. PlayStation Museum shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on PlayStationMuseum.com. Without limiting the foregoing, PlayStation Museum shall have the right to remove any material that PlayStation Museum, in its sole discretion, finds to be in violation of the provisions hereof, or otherwise objectionable.

5. Indemnification.

User agrees to defend, indemnify and hold harmless PlayStation Museum, its affiliates and their respective directors, officers, members and agents from and against all claims and expenses, including attorneys' fees, based upon or arising out of the use of PlayStationMuseum.com by User.

6. Termination.

Either PlayStation Museum or User may terminate this Agreement, and the right to access PlayStationMuseum.com, at any time. The provisions of Sections 2(B), 2(C), 3, 5, 7, 9 and 10 shall survive termination of this Agreement.

7. Trademarks.

All trademarks appearing on PlayStationMuseum.com are the property of their respective owners.

8. Miscellaneous.

This Agreement and any operating rules for PlayStationMuseum.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Delaware, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

9. Privacy.

The User's privacy is important to PlayStation Museum. All information gathered from the User in connection with User's use of PlayStationMuseum.com will be governed by the provisions of the PlayStationMuseum.com Privacy Policy.

10. Copyrights.

PlayStation Museum respects the rights of all copyright holders and, in this regard, PlayStation Museum has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PlayStation Museum with: a notice containing the identification of the protected work claimed to have been infringed, the identification of the material that is allegedly infringing on the protected work, the information that would allow the us to contact the owner of the protected work (including name, address, telephone number, and e-mail address), a statement by the owner of the protected work indicating that they have a good faith belief that the use of the work is not authorized by the owner, its agent, or the law, and a sworn statement from the owner of the protected work, or from a person authorized to act on their behalf, that states that all the information is accurate under penalty of perjury.

11. Third-party sites, products, and Services.

Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

"PlayStation", "PSX", "PSOne" and "PS1" are trademarks of Sony Computer Entertainment Inc (SCEI). This Web site is NOT affiliated with SCEI, or any of its parent companies and/or subsidiaries.