Nokia C5–00 User Manual page 61

intellectual property, other rights or privacy of a third
party, 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.
13. Miscellaneous
13.1 Choice of Law and Arbitration
Except where prohibited by applicable law or provided
otherwise herein, the Terms shall be governed by the
laws of Finland without regard to its conflict of law
provisions.
If you are a US resident the following paragraph shall
apply: The Terms shall be governed by the laws of New
York without regard to its conflicts of law provisions. Any
dispute relating to these Terms or the Service shall be
submitted to binding arbitration in Westchester County,
New York within eighteen (18) months of the date the
facts giving rise to the suit were known, or should have
been known, by the complainant, except that Nokia may
seek injunctive or other relief if you have violated or
threatened to violate any intellectual property rights. All
matters relating to arbitration shall be governed by the
Federal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration
shall be conducted by a single arbitrator under the then
prevailing Wireless Arbitration Rules of the American
Arbitration Association ("AAA"), Each party must submit
any claim which would constitute a compulsory
counterclaim in litigation or such claim shall be barred.
No award of exemplary, special, consequential or
punitive damages shall be permitted. The losing party,
as determined by the arbitrator, shall pay the arbitration
fees. The arbitrator's award shall be binding and may be
entered as a judgment and enforceable in any court of
competent jurisdiction. Arbitration shall be conducted
on an individual, not class-wide basis, and no arbitration
shall be joined with an arbitration involving any other
person or entity.
13.2 Validity
The Terms shall neither exclude nor limit any of your
mandatory rights in your country of residence. 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
© 2010 Nokia. All rights reserved.
Product and safety information
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 shall remain
valid after any termination.
13.3 Changes in Terms
Nokia reserves the right to modify the Terms at any time
without prior notice. If the Terms are changed in a
material, adverse way, Nokia will provide a separate
prior 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.
13.4 Links to Third Party Sites and Content
For your easy accessibility Nokia may include links to
sites on the Internet that are owned or operated by third
parties and that are not part of the Service. Upon
following a link to such a third-party site, you shall
review and agree to that site's rules of use before using
such site.
You agree that Nokia has no control over the content of
third-party sites and cannot assume any responsibility
for services provided or material created or published by
such sites. 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, users may create links within the Service to
content that has not otherwise been submitted to the
Service. You agree that Nokia is neither responsible for
nor liable for any such links.
14. 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.
WE CARE ABOUT YOUR PRIVACY
Nokia is committed to protecting your privacy and to
comply with applicable data protection and privacy laws.
We hope that this Privacy Policy ("Policy") helps you
understand what kind of information we collect in
connection with our products and services and how we
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