Image Validation Service Terms
of Use
These Terms
of Use provide the terms and conditions regarding your use of and access to the
“SERVICE” named
“Image Validation Service,” which is the cloud-hosted service using digital
signature technology and 3D information detection technology developed by Sony
Corporation to verify the authenticity of uploaded images on its dedicated
website (“Image Validation Site”), and applies to the relationship between
you (including your employees,
agents and independent contractors that you authorize to
access the SERVICE, hereinafter referred to as “you” or “User”) and
Sony Electronics Inc. (“Sony”).
1. Application
of these Terms of Use
1.1 By
using the SERVICE, you agree to comply with these Terms of Use and all relevant
applicable laws. If you do not
agree to these Terms of Use, please refrain from using the SERVICE.
1.2 In
addition to these Terms of Use, the use of the SERVICE is also subject to the
terms and conditions of the Subscription Agreement for the SERVICE that you
have separately entered into with Sony (“Subscription Agreement”). Capitalized terms not defined in these Terms of Use have the meanings
set forth in the Subscription Agreement. If there is any conflict between the Subscription Agreement and these Terms of Use,
the Subscription Agreement shall prevail.
2. The
SERVICE
2.1 Subject to the terms and
conditions of these Terms of Use, Sony shall provide and/or make available to,
and hereby grants, you and your Authorized Users, a limited, non-exclusive,
non-transferable right and license during the Contract Term to access and use
the SERVICE.
2.2 The Image Validation Site and written or electronic user
and feature guide, and any other materials supplied by Sony for use with the SERVICE
(“Documentation”) and their updated/upgraded versions
also constitute part of the SERVICE.
2.3 You
acknowledge and agree that access to the SERVICE requires an internet
connection for which User is solely responsible. Further, User is solely
responsible for payment of any third-party fees associated with User’s internet
connection, including but not limited to internet service provider or airtime
charges. Operation of the SERVICE may be limited or restricted depending on the
capabilities, bandwidth or technical limitations of User’s internet connection
and service. The provision, quality and security of such internet connectivity
are the sole responsibility of the third party providing such service, and Sony
shall not be liable in any way.
2.4 User
can use the SERVICE by creating a Sony Professional ID (https://www.pro-id.sony.net/)
in advance. The Professional ID Terms of Use and Privacy Policy apply to your
use of the Professional ID.
2.5 The
SERVICE is not intended to be used for the purpose of backup or storage of any
data. Sony shall neither be liable in any way for loss, alteration or the like
of data contained in the SERVICE or used while accessing and using the SERVICE,
or inability to access, use, upload or download data contained in the SERVICE
except as provided in these Terms of Use or the Subscription Agreement, nor
shall Sony be liable for alteration, interruption or termination of the SERVICE.
2.6 Sony
collects and analyzes your operation logs of the SERVICE for the purpose of
improving the SERVICE. The collected operation logs may include usage status of
the SERVICE, quantity and data volume of content, data, information, files and
folders that you upload directly or via API to the Image Validation Site for
the purpose of using the SERVICE (collectively, “Customer Content”), and error occurrence rate, etc., on the Image
Validation Site.
3. Prohibitions
3.1 In
using the SERVICE, User shall not attempt or conduct any of the following acts
and shall not cooperate with, or promote any of such acts by, any third party:
(1)
Infringing the rights of
Sony or a third party or legally protected interests (including, without
limitation, intellectual property rights, trade secrets, honor, privacy,
portrait rights, publicity rights, ownership rights and any other rights under
any law or contract);
(2)
Violating laws or court
decisions, ruling, orders or other legally binding dispositions by public
institutions, or offending
public order and morals;
(3)
Downloading,
distributing, making available for public
transmission, modifying, reverse engineering, decompiling, disassembling,
erasing, etc. of all or any part of the SERVICE beyond the scope expressly
authorized by Sony (including the case of disabling or avoiding functions such
as content protection and access control, or intentionally misusing defects in
the SERVICE);
(4)
For information terminals,
network devices, systems, etc. managed by Sony or a third party, obstructing
their proper operation, controlling their operations, or incorporating or
executing viruses, BOT and other technical programs/files to view, acquire or
damage data;
(5)
Interfering, or conducting acts
which may result
in interference, with the normal and smooth operation of the SERVICE, such as giving an
excessive burden to the server etc. of the SERVICE or making an
excessive request beyond the scope of legitimate exercise of the rights under
these Terms of Use;
(6)
Violating these Terms of Use; and
(7)
Acts that Sony considers
inappropriate, in its sole discretion.
3.2 Only Authorized Users are
permitted to access and use the SERVICE, you undertake
that you will not permit any other party to access or use the SERVICE. You
shall not assign, sell, lease, sublicense, rent, or otherwise transfer the SERVICE
to any other party, and you shall not use the SERVICE on behalf of any other
party (including performing technical or consulting services) or in any manner
make the SERVICE available to any third party (including usage through remote
access, time share, or service bureau), unless otherwise expressly permitted
under an the Order Documentation; provided that you may permit designated
contractors to use the SERVICE solely to assist you in your usage subject to
their compliance with these Terms of Use, including confidentiality obligations.
3.3 If
Sony determines that User is in breach of these Terms of Use, Sony may limit or
suspend use of the SERVICE and such User’s account or take any other action it
deems appropriate, in Sony’s sole discretion, and shall not be liable in any
way for such action except as provided in these Terms of Use or the
Subscription Agreement.
3.4 Unless
required otherwise by law, Sony has no obligation to monitor User’s online
activities on the SERVICE; provided, however, that, to the extent permitted by
laws and regulations and for legitimate purposes such as ensuring compliance
with the laws and these Terms of Use, Sony may record online activities on the SERVICE
and browse and disclose the same in order to comply with applicable law or protect
Sony’s or third parties’ rights.
4. Intellectual
Property Rights
4.1 Intellectual property rights and
other rights relating to the SERVICE are owned or controlled by Sony or the
original right holder who licensed such rights to Sony (the “Original Rights Holder”). Sony, and the
Original Rights Holders retain all rights not expressly granted to you and your
Authorized Users herein, including, without limitation, all right, title, and
interest in and to the SERVICE and any software, hardware, and other technology
and materials supplied by Sony. Nothing in these Terms of Use constitutes a waiver of Sony's rights under
applicable copyright laws or any other laws. You and your Authorized Users
shall not copy, remove, reverse engineer, modify or alter any copyright or
trademark notice, including but not limited to any such notices contained in
the physical or electronic media or Documentation, in any of the runtime
resources, or in any web presences or web-enabled notices, code, or other
embodiments originally contained in or dynamically or otherwise created by the
SERVICE.
4.2 The SERVICE may include, but not
be limited to, service, and contents software, etc. for which the Original
Rights Holder has set different terms of use from these Terms of Use. If Sony
notifies such terms of use within the SERVICE, User shall use the SERVICE in
accordance with such terms of use as well.
4.3 Except for material that Sony owns,
Sony does not claim ownership to Customer Content. These Terms of Use do not
grant Sony any rights relating to Customer Content or intellectual property
except for the limited rights that are needed for Sony to be able to provide
the SERVICE herein.
4.4 You are solely responsible and
liable for Customer Content. You represent and warrant
to Sony that you have all the consents, right, power
and authority necessary to grant to Sony the rights
granted herein with respect to Customer Content, including all necessary rights
and consents to upload Customer Content to the Image Validation Site. You agree
that: (a) Customer Content does not and will not violate any rights of any
kind, including, without limitation, any intellectual property rights or rights
of privacy; and (b) Customer Content does not violate terms and conditions set
forth in these Terms of Use. Sony
reserves the right, but is not obligated, to reject and/or remove any content
that it believes, in Sony’s sole discretion, violates these provisions. You
understand that if you do not have the right to submit Customer Content to the
SERVICE, doing so may subject you to liability.
4.5 By using the SERVICE, you grant
Sony, its affiliates and its third-party service providers a limited,
revocable, worldwide, non-exclusive, royalty-free license to use, copy,
reproduce, process, adapt, modify, transmit, edit, translate, make derivatives
and display Customer Content solely to the extent necessary to provide you with
the SERVICE hereunder. The above licenses will continue unless and until you or
Sony removes or deletes Customer Content from the Image Validation Site, in
which case the licenses shall terminate within a commercially reasonable amount
of time; provided, however, that deleted Customer Content may be retained and
used by Sony for a certain period after removal for security purposes.
4.6 You are responsible for your
proper use of the SERVICE, and taking your own steps to maintain appropriate
security, protection and backup of Customer Content. Sony is not responsible for any
unauthorized access to, alteration of, or the damage, deletion, loss or failure
to store any of, Customer Content.
4.7 You agree to endeavor to take
all necessary steps to protect the SERVICE from infringement and promptly
notify Sony in writing of any infringement and cooperate with Sony in the
handling of such infringement, challenge or claim.
4.8 Nothing in these Terms of Use gives you the right to use names of Sony or the SERVICE, or any of Sony’s trademarks, logos, domain
names, and other distinctive brand features. Any feedback, comments,
suggestions, and/or findings you may provide to Sony or post in Sony forums
regarding Sony, the SERVICE or any other of Sony services are entirely
voluntarily (collectively, “Feedback”). You hereby irrevocably grant, assign,
and transfer to Sony all of your right, title and
interest in and to the Feedback. Sony and its
affiliates shall have the sole, unilateral and exclusive right throughout the
world and in perpetuity to use and exploit the Feedback, in any format or
version, by any means and in any media.
5. Changes,
Suspension, Termination of the SERVICE
5.1 Sony
may from time to time, change, modify, add, and/or remove features or
functionalities, or otherwise discontinue the SERVICE or any part of it. Sony
may, but is not obligated to, notify you of any material changes to or
discontinuation of the SERVICE. Sony reserves the right, in its sole
discretion, to make necessary unscheduled deployments of changes, updates or
enhancements to the SERVICE at any time.
5.2 Sony
may suspend the provision of the SERVICE in whole or in part for a period of time it deems necessary if any of the following
applies:
(1)
There is a threat or attack
on the SERVICE (including a denial of service attack)
or other event that may create a risk to the SERVICE, to you or any other Sony customer;
(2)
Your use of the SERVICE or
Customer Content poses a security risk to the SERVICE or any other Sony customer,
may harm Sony’s infrastructure, or may subject Sony or any third party to liability;
(3)
You are using the SERVICE
for fraudulent or illegal activities;
(4)
You have ceased to continue
business in the ordinary course, made an assignment for the benefit of
creditors or similar disposition of its assets, or become subject of any
bankruptcy, liquidation, dissolution or similar proceedings
subject to the applicable law of your country of incorporation;
(5)
You are using the SERVICE
in breach of these Terms of Use;
(6)
You remain in material
default of payment obligations under the Subscription Agreement; or
(7)
Sony is instructed to
suspend your access by its infrastructure service provider for any reason.
5.3 Circumstances
permitting, Sony will endeavor, but does not have the obligation, to provide
updates regarding resumption of the SERVICE following any suspensions of the
SERVICE.
5.4 In
the event Sony suspends User’s access to any portion of the SERVICE: (a) you
remain responsible for obligations incurred through the date of suspension,
including the payment of all Fees and charges; and (b) you remain responsible
for obligations related to any portion of
the SERVICE to which you continue to have access, including any
applicable Fees for such portion.
5.5 Sony
shall not be liable for any damage or other consequences you incurred or
suffered in connection with any change, suspension or termination of the SERVICE.
6. Warranties and Disclaimers
6.1 TO THE
EXTENT PERMITTED UNDER APPLICABLE LAW EXCEPT FOR THE WARRANTIES EXPRESSLY SET
FORTH HEREIN, SONY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICE, WHICH IS PROVIDED “AS IS” AND “AS AVAILABLE.” SONY EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT SONY DOES NOT WARRANT (I) THE RESULTS VERIFIED USING THE SERVICE WILL BE
ACCURATE OR CORRECT, AND (II) USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR FREE. YOU ACCEPT RESPONSIBILITY FOR THE SELECTION OF THE
SERVICE TO ACHIEVE YOUR INTENDED RESULTS. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY SONY SHALL CREATE A WARRANTY OR
CONDITION OR ANY WAY MODIFY/DECREASE THE SCOPE OF THIS DISCLAIMER.
6.2 Notwithstanding the foregoing, in the event the SERVICE does not operate and perform in all material respects in accordance with terms,
specifications, features and functionality in the Documentation and these Terms of
Use, Sony’s sole and exclusive liability and your sole and exclusive remedy
shall be to (i) receive a credit to the SERVICE not
exceed the amount of Fees paid by you for the SERVICE for the last twelve (12)
months prior to the commencement of such failure; or (ii) terminate the SERVICE
and to receive a refund for prepaid and unused Fees for the SERVICE not exceed
the amount of Fees paid by you for the SERVICE for the last twelve (12) months
prior to the commencement of such failure.
7 Indemnification
You
will defend, indemnify and hold harmless Sony and its affiliates and each of
their officers, directors, agents and employees (collectively, “Sony
Indemnitees”) from and against any and all costs, losses, damages and other
expenses and charges (including reasonable legal fees) which the Sony
Indemnitees may suffer or incur as a result of or arising out of any
proceedings, actions, demands, suits and/or claims which have been commenced,
brought or raised by a third party in connection with (i)
your representations, warranties, obligations or covenants under the Agreement;
(ii) Customer Content; or (iii) use of the SERVICE by you and/or your
Authorized Users. You will not enter into any
settlement involving third party claims that contain any admission of or
stipulation to any guilt, fault, liability or wrongdoing by Sony, without
Sony’s prior written consent. Sony
will be entitled to participate in the defense of any such claim at your cost.
8. Security
8.1 Sony
shall, at all times during the Contract Term, use
reasonable efforts to implement and maintain physical, electronic and
organizational security measures in accordance with the best practices and
industry standards to protect the SERVICE and Customer Content against any
unauthorized access, use, destruction, loss, or improper alteration.
8.2 If
Sony suspects or becomes aware of any security breach or unauthorized access,
disclosure, loss or use of Customer Content (each an “Incident”), Sony shall
use reasonable efforts to report such Incident in detail to you,
and shall take appropriate remedial actions.
8.3 In
the event of an Incident, Sony will (i) cooperate
with any investigation concerning the Incident requested by you or any
regulator or other governmental body with oversight over the Incident; (ii)
cooperate with you to comply with applicable laws concerning such Incident,
including any notification that may be required to individuals whose personally
identifiable information was compromised as a result of an Incident; (iii)
promptly correct any vulnerabilities and deficiencies that resulted in the
Incident at no additional charge to you; and (iv) be liable for any expenses
associated with the Incident including without limitation the cost of any
required legal compliance (e.g., notices required by applicable law) and the
expenses related to the investigation into the Incident. In no event will Sony and you serve any
notice of or otherwise publicize an Incident that affects or relates to
Customer Content without the prior written consent of the other party, unless
required by law or contractual obligation by third parties who may be affected
by such Incident.
9. Amendment
of these Terms of Use
Sony may change these Terms of Use at any time to
the extent permitted by law. Sony will notify the revised Terms of Use through the
website of the SERVICE or the Image
Validation Site with a prior notice period that Sony
deems reasonable considering the changes, etc.; provided, however, that such
prior notice period may not be provided if the changes are in accordance with
the general interest of Users. By
continuing to use the SERVICE, you have accepted the change(s), so you should
periodically review these Terms of Use to stay aware of
any changes to your and Sony's rights and obligations.
10. Miscellaneous
10.1 The
SERVICE is controlled and operated in Japan. Your access or use the SERVICE
from other countries is at your own volition and you are entirely responsible
for compliance with all applicable and local laws and regulations, including
but not limited to export and import regulations.
10.2 All
terms and provisions of these Terms of Use which by their nature are intended
to survive any termination or expiration of the Contract Term shall so survive.
These shall include, without limitation, Sections 4.1, 4.7, 4.8, 5.5, 6.1, 7
and 10.
10.3 These Terms of Use shall be deemed
to have been made and executed in the State of Delaware and any dispute arising hereunder
shall be resolved in accordance with the laws of the State of Delaware, without reference to its conflict of
laws principles. In the event of any dispute related to these Terms of Use, the
prevailing party shall be entitled to recover all its expenses related to such
dispute including reasonable attorneys’ fees and court costs. The parties agree
to submit any dispute relating to these Terms of Use to
the jurisdiction of the federal or state courts of the State of Delaware, United States of America. THE PARTIES
SHALL NOT RAISE IN CONNECTION THEREWITH, AND HEREBY WAIVE, TRIAL BY JURY AND/OR
ANY DEFENSES BASED UPON THE VENUE, THE INCONVENIENCE OF THE FORUM, THE LACK OF
PERSONAL JURISDICTION, THE SUFFICIENCY OF SERVICE OF PROCESS OR THE LIKE IN ANY
SUCH ACTION OR SUIT.
10.4 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 unless both you and
Sony specifically agree to do so in writing. This provision is not applicable
to the extent such waiver is prohibited by applicable law.
10.5 The
parties acknowledge and agree that the provisions of the United Nations
Convention on the International Sale of Goods (CISG), and any local
implementing legislation related thereto, shall not apply to or govern, in any
way whatsoever, these Terms of Use or any transactions resulting from and/or
contemplated by these Terms of Use.
11. Contact
If you have a question or concern regarding the SERVICE,
send your inquiry to the contact below.
Sony can ask you to provide identification by way of means it designates. Also, unless required otherwise by law, Sony
can answer or respond to your inquiry through a means of communication Sony
deems proper.
Contact: https://pro.sony/en_GB/change-country-region-language
Version: March, 2026
Copyright 2026 Sony Electronics Inc. All rights reserved.