OVI SERVICE TERMS

1. Acceptance

These Ovi Service Terms together with the Privacy Policy govern your use of the service, site and software where you accessed these terms (collectively "Service"). By registering for or using the Service or any portion of it you accept these Ovi Service Terms, Privacy Policy, all other additional terms, guidelines and policies that may be published from time to time within the Service (collectively “Terms”).

These Terms constitute an agreement between you and Nokia Corporation, including its affiliates and suppliers (collectively “Nokia”), defining your and Nokia’s rights and responsibilities with respect to the Service.

2. Eligibility

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 of your use of the Service. Anyone completing the registration must be legally competent.

3. Registration and Termination

You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Providing misleading information about your identity is forbidden.

When you register, you will create a Nokia Account with username and a password. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and promptly notify Nokia about any misuse. Upon first use of your device and after you have updated the Nokia device software an activation text message will be sent to Nokia. The creation of a Nokia Account will require data transmission. Data transmission costs may apply.

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 there is an indication 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.

Except as set forth in Privacy Policy, Nokia shall not be responsible for any removal or loss of the information or content you have submitted to the Service. When information or content is removed from the Service by either you or Nokia, traces or copies may still remain elsewhere.

4. Licenses

Users of the Service are granted 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 further 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”). You are granted a non-exclusive and perpetual license to use such 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 agree to be 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. The third-party Content provider is solely responsible for any Content it provides and for any claims you may have relating to such Content. Nokia will have the right (and will be deemed to have accepted the right) to enforce such license terms against you as a third party beneficiary thereof. All rights not granted to you for the Content are reserved to the owners of such Content.

As part of the Service, Nokia may provide you with certain software developed by Nokia or its licensors (“Software”). Your use of such 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 such 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 (except to the extent that this restriction is expressly prohibited by law) or make derivative works of the Software.

You may submit information or content (“Material”) to the Service. Nokia does not claim ownership in your Material. Your submission of Material to the Service does not transfer ownership of rights of the Material to Nokia. Nokia is only transmitting the Material and has no 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 and modify the Material to incorporate the Material into other works, and to sublicense the same, to the extent necessary for Nokia to provide the Service and as may be further adjusted by You in privacy and other settings of Service.

5. Using the Service

You agree to:

• Comply with applicable laws, the Terms and good manners;
• Use the Service only for your personal, non-commercial purposes;
• Not submit unlawful, offensive, abusive, pornographic, harassing, libelous or otherwise inappropriate Material;
• Obtain any consents, permission or licenses that may be legally required for you to submit any Material;
• Respect the privacy of others;
• Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses; or
• Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Service users.
• Agree to be responsible for the consequences of Material that you post.

Nokia may but has no obligation to:

• Monitor or moderate any Material;
• Remove any Material from the Service; and
• Restrict access to any part of the Service at any time in its sole discretion.

6. Content

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 offence caused or suffered by you accessing such Content.

You agree:

• To use the Content only for your personal, non-commercial purposes;
• To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
• Not to, nor authorize anyone else, make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms. You agree to advise Nokia promptly of any such unauthorized use;
• Not to attempt (or support others) to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or any identifying information associated with it;
• Not to attempt (or support others) to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
• Not to give out your password or allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.

The Content is owned and/or controlled by Nokia and/or its respective licensors (“Rights Owners”), and are protected by intellectual property laws. You agree that the Rights Owners are third-party beneficiaries under the Terms and have the right to enforce the provisions that directly concern the Content in which they have rights.

7. Allegations of Copyright Infringement

You may notify Nokia of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to copyright.notices@nokia.com, (b) by a document titled “Copyright Notification” mailed to Nokia, Attn: Copyright Agent, 102 Corporate Park Drive, White Plains, NY 10604, USA 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.

8. Notices

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.

9. Fees

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. The prices listed within the Service do not include possible data transmission charges and your network service provider may charge for such data transmission.

Nokia assumes no responsibility for the payment of any charges of your service providers.

10. Purchase and Payment Terms

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 placed shall be legally valid and binding. As used here, "order" shall mean the selection of the Content available in the Service accompanied by the entering and sending of payment method and information, as well as selecting the "buy", "ok" or "I accept" choice in the purchase order flow, or other indication of acceptance of your order that is presented to you in the purchase order flow. All orders are subject to acceptance by Nokia.

Any Content purchased through the Service is a binding agreement between you and Nokia. You may pay by credit or debit card, or other payment methods if available. Your credit or debit card must have a billing address in the country where the Service is available to enable you to make a purchase. Nokia will charge your credit card or debit your bank account within a reasonable time after you have made your purchase. All credit card payments are subject to validation checks and authorization by the card issuer.

You agree to ensure that the instrument of payment for the payment method used is valid at the time of the transaction, that you are the rightful holder of the instrument and that the instrument is used within its credit limits. You are bound by your electronic order and you agree to pay for related transactions.

The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. Nokia assumes no responsibility for the payment of such or any other third party service fees or charges.

11. Cancellations and Refunds

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 purchase you discover and promptly inform Nokia within 48 hours that (a) the Content you have purchased 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 purchases 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 purchase 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.

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 purchase from the Service; provided you have supplied Nokia with a valid e-mail address at the time of purchase. Nokia may only process refunds for Content where the total price is above the monetary limit stipulated in applicable local legislation.

12. Feedback to Nokia

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, exploit and further develop and modify such Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Nokia.

13. Social Activities and Location Sharing

You may use features in the Service to share your location, status or personal information. By using such features you agree that Nokia may use and provide such information to other services and persons with whom you choose to share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information.

Your location may be determined using any available positioning method in your device e.g. GPS, assisted GPS (A-GPS) and mobile or WLAN/Wi-Fi network positioning. The use of network positioning and/or A-GPS includes exchanging network based location information and network service provider specific ID’s between your device and the chosen network positioning server to establish your location more quickly and reliably. Used location method and other settings may be changed and certain features disabled by changing the settings in your device or service. Please check the privacy policies of your A-GPS server and other potential service providers.

Some features in the Service may enable you to share Content or Materials with other users, sites or services. By using such features you agree not to share 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.

14. Availability and Technical Requirements

The availability of Content and 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, improve, correct or discontinue the Service or any part thereof. The Service may not be available during maintenance breaks and other times. To ensure you have the latest Nokia device software and applications, your device checks the availability of software updates from Nokia. If any are available you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. Nokia may also provide updates to the Software that are considered important or critical by Nokia, and in such case you may not continue using the previous version of the Software and the use of the previous version of the Software or Service may be prevented without installation of the update.

15. Dealings with Others

You may interact with other users on or through the Service. You agree that any such interactions do not involve Nokia and are solely between you and the other user(s).

16. Links to Third Party Sites and Content

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 such sites or services before using such sites or services.

You agree that Nokia has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published by such 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. You agree that Nokia is not responsible for any such content or links.

17. Advertisements

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.

18. Personal Data

The Privacy Policy and any additional privacy information made available to you govern the use of your personal data.

19. Limitation of Liability

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.

20. Indemnification

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, other rights or privacy of a third party, and (iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse.

21. Miscellaneous

21.1 Choice of Law and Arbitration

Terms shall be governed by the laws of Finland without regard to its conflict of law provisions.

21.2 Validity

The Terms shall neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of the Terms. If there is any conflict between these Ovi Service Terms and the Privacy Policy, the provisions of these Ovi Service Terms shall prevail. The provisions of the Terms that are intended to survive termination of your registration shall remain valid after such termination.

21.3 Changes in Terms

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 such change.

You are responsible for regularly reviewing the Terms. Your continued use of the Service shall constitute your consent to any changes and modifications.

22. Intellectual Property

The Service and related software are protected under international copyright laws and you are hereby notified that copyrights are claimed by Nokia. Subject to the Terms, Nokia retains all right, title and interest in the Service and in all Nokia's products, software and other properties provided to you or used by you through the Service.

23. Assignment

Nokia may assign its rights and obligations under these Terms to any Nokia corporate parent, subsidiary or 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.