Effective date 8/May/2015
The Terms constitute an agreement between you and Nokia Corporation, Karaportti 3, FI-02610 Espoo, Finland including its affiliates and suppliers (collectively “Nokia”), defining your and Nokia’s rights and responsibilities with respect to the Service.
To use the Service, you must be at least thirteen (13) years of age. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept your registration on your behalf and approve your use of the Service. Anyone completing the registration must be legally competent.
To use a Service you may need to register and create a Nokia account with username and a password. You may need to provide us with certain personal and other information. Nokia may verify your email address before account can be used. The setup of the Service on your device will require data transmission Data transmission costs may apply.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify Nokia about any misuse. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. Nokia may terminate your registration or restrict your access to certain parts of the Service if Nokia reasonably believes that you have breached the Terms or with prior notice if you have not signed into the Service with your username in the past six (6) months.
Nokia grants you a non-exclusive, non-transferable license, revocable at any time at Nokia’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
As part of the Service, Nokia may provide you with content developed by Nokia or its licensors (“Content”). Nokia grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. Some Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted here.
As part of the Service, Nokia may provide you with certain software developed by Nokia or, its licensors (“Software”). Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: Nokia grants to you a limited, non-exclusive, non-transferable right to install and use the Software on your computer and/or mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software. For open source licensed software, applicable open source license terms apply.
The Software maybe subject to export controls under the U.S. Export Administration Regulations and other import or export control regulations. You agree to strictly comply with all applicable import and export regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, transfer, or import such Software.
You may be able to submit information or content (“Material”) to the Service. Nokia does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to Nokia. Nokia is only transmitting the Material and is not responsible for editorial control over it. By submitting Material to the Service you grant Nokia a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent necessary for Nokia to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.
You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or canceled, Nokia may permanently delete your data. Nokia has no obligation to return data to you after the Service is discontinued or canceled.
You agree to:
Nokia may but has no obligation to:
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. Nokia shall not be responsible for any claims or offense caused or suffered by you accessing such Content.
The Content is owned and/or controlled by Nokia and/or its respective licensors and is protected by intellectual property laws. The Third Party Content provider is solely responsible for any Third Party Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Third Party Content or your use of that Third Party Content. However, Nokia may enforce the Third Party Content license terms against you as a third party beneficiary of those terms. The Third Party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Third Party Content in which they have rights. Nokia may be acting as an agent for Third Party Content provider in providing the Third Party Content to you. Nokia is not a party to the transaction between you and the Third Party Content provider for such Third Party Content.
You may notify Nokia of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to firstname.lastname@example.org, (b) by a document titled “Copyright Notification” mailed to Nokia Corporation, Attn:Technologies Legal, P.O.Box 226, FI-00045 Nokia Group, Finland or (c) via the online form, if available. Your notice must:
(1) identify the original copyrighted work you claim is infringed;
(2) identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for Nokia to locate the allegedly infringing content on the Service;
(3) provide your contact information, including your full name, mailing address, telephone number, and email address, if available;
(4) provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(5) provide this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.”; and
(6) provide your signature, as applicable.
Nokia may post notices within the Service. Nokia may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from Nokia sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
Your use of the Service may be or may become subject to charges.
Any fees charged by Nokia will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider.
Nokia assumes no responsibility for the payment of any charges of your service providers.
“Order” shall mean the selection of payable Content and/or subscription to Content offered by Nokia and available in the Service and submission of payment method, as well as submitting the order by selecting the “buy”, “ok”, “I accept” or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may place Orders only with the prior consent of your parent or legal guardian.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by Nokia.
You may pay by credit or debit card, network service provider billing, or other payment methods if available.
Your credit or debit card must have a billing address in the country where the Content is offered by the Service. Nokia will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
If you choose network service provider billing, charges will appear on your mobile phone bill or be deducted from your prepaid account if it is a prepaid account. Some network service providers may subject your usage of the Service to additional terms and conditions including placing limits on the amount of charges possible with network service provider billing. Charges in excess of network service provider limits or account balance may be rejected.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You will not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be returned.
In the event that after your Order you discover and promptly inform Nokia within 48 hours that (a) the Content you have ordered is faulty; (b) the Content Nokia delivers to you does not match the description of the Content you ordered via the Service; or (c) technical problems delayed or prevented delivery of your Content or accidental multiple orders caused by such technical problems, your sole and exclusive remedy with respect to such Content will be either replacement of such Content, or refund of the price paid for such Content, as determined solely by Nokia. Otherwise, no refunds are available. If you encounter any of the above issues, please contact Nokia Customer Support at email@example.com.
Please note that Nokia may not be able to process your customer support request if you are unable to provide your transaction ID, which is provided to you by Nokia following your Order from the Service. Nokia may only process refunds for Content where the total price is above the monetary limit stipulated in applicable local legislation.
By submitting any ideas, feedback and/or proposals (“Feedback”) to Nokia through the Service or other means, you acknowledge and agree that: (1) Nokia may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) Nokia is not under any obligation of confidentiality with respect to the Feedback; (4) Nokia may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Nokia.
You may use features in the Service to share your location, status, content, Materials or personal information or to interact with other users, sites and services. By using these features you agree that Nokia may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material or to link to any service or site that: (a) contains content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorization or encourages users to piracy. Any interaction does not involve Nokia and is solely between you and the other user(s).
The availability of Content and the Service may vary and is subject to Nokia’s sole discretion. Nokia expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software developed by Nokia or by another party.
Nokia may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest Nokia device software and applications, check for the availability of software updates within the Software’s Information or About page or the Service website. You may also install software through available software update channels. If Nokia considers a Software update to be important or critical Nokia may prevent your use of the previous version of the Software or Service until you install the update. The Service may limit the number of times a user can download the Software from the Service to help prevent any misuse or abuse.
A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. Nokia may significantly change any version of Service or Software or decide not to release a final version.
Nokia may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.
Nokia has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that Nokia endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. Nokia is not responsible for this type of content or links.
Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
The Service is provided on “AS IS” and “AS AVAILABLE” basis. Nokia does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, Nokia is not liable for any direct damages caused by your use or inability to use the Service. In no case will Nokia be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
You agree to defend and indemnify Nokia from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
The Terms are governed by the laws of Finland without regard to its conflicts of law provisions.
Nokia may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Nokia will provide a separate notice advising of the change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.
The Service, Content and Software are protected under international copyright laws. Nokia claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, Nokia retains all right, title and interest in the Service, its Content, the Software and in all other Nokia products, software and other properties provided to you or used by you through the Service.
Nokia may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with Nokia. Additionally, Nokia may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.