Nokia 7230 User Manual page 96

96
Terms of use, OVI SERVICE TERMS and privacy policy
sole risk and that you may be
exposed to content from various
sources.
Except for liability for death or
personal injury caused by gross
negligence or intentional
misconduct, Nokia shall not be
liable for any direct, indirect,
incidental, punitive or
consequential damages caused by
the use or inability to use the
Service.
12. Indemnification
You agree to defend, indemnify and
hold harmless Nokia from and
against any and 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, 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.
© 2009 Nokia. All rights reserved.
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.