Clause database · Gaming, social, and hospitality
Sony Interactive Entertainment LLC
PlayStation Terms of Service (US)
As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-except-class-waiver
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)
Company’s fee promise
Reviewed category: pays-costs-plus-fees-if-consumer-wins
The party initiating the arbitration is required to pay an initial filing fee, but if you are the party who initiates arbitration, then the Sony Entity you have a dispute with will reimburse you for the filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in federal or state court in your county of residence. 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.
Fee or cost shifting against the consumer
Reviewed category: prevailing-party-fees
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.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
You and the Sony Entity you have a Dispute with agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute with the required information. If the Dispute is not resolved within 60 days from receipt of the notice of the Dispute, you or the Sony Entity you have a Dispute with may pursue your claim in arbitration or small-claims court
Mass-arbitration terms
Reviewed category: batching
The parties mutually agree to abide by the following Batch Arbitration procedure in the event that 50 or more similar individual arbitration demands are filed against the same Sony Entity with the assistance of the same law firm(s). Under the Batch Arbitration procedure, the AAA will (i) administer the arbitration demands in batches of 50
Small-claims carve-out
Reviewed category: available-standard-carve-out
You or any Sony Entity can bring claims in your local small claims court, if the rules of that court allow it. Additionally, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either your or the Sony Entity you have a dispute with may elect to have the claims heard in small claims court, instead of in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator.
Opt-out
Reviewed category: general-with-window
YOU HAVE THE 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.
Unilateral modification
Reviewed category: continued-use-is-acceptance
We may modify the terms of this Agreement at any time, including imposing a fee for creating Accounts or for any of our Services. A printable copy of this Agreement is available at www.playstation.com/legal. If material changes to this Agreement are made, you will be notified by e-mail or other communication when you sign in to theServices. Your continued use of theServices, including use by your children on the associated Accounts, will signify your acceptance of those changes. If you do not accept material changes to the Agreement, please do not use the Services, and contact customer service at the addresses located at the end of this Agreement to terminate this Agreement and your Accounts.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
The term "Dispute" means any dispute, claim, or controversy between you and Sony Interactive Entertainment LLC, or any of its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity to any of the foregoing, (collectively, "Sony Entities")
Confidentiality of the arbitration
Reviewed category: silent
No provision on this field was extracted from the captured text.
Shortened limitations period
Reviewed category: silent
No provision on this field was extracted from the captured text.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
If the Class Action Waiver clause is found to be illegal or unenforceable in its entirety, this entire arbitration agreement will be unenforceable, and the Dispute will be decided by a court.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
you and a representative of the Sony Entity you have a dispute with shall appear at the administrative conference via video conference or telephone. If you fail to appear at the administrative conference, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “50 or more” similar individual arbitration demands — recorded as 50
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
in the event that 50 or more similar individual arbitration demands are filed against the same Sony Entity with the assistance of the same law firm(s)