Nokia 6788i User Manual page 67

The Service may not be available in some countries and may be provided only in
selected languages. The Service may be network dependent, contact your network
service provider for more information.
Nokia reserves the right, in its sole discretion, to change, improve and correct the
Service. The Service may not be available during maintenance breaks and other
times.
Nokia may also decide to discontinue the Service or any part thereof in its sole
discretion. In such case you will be provided a prior notification.
9. 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).
10. Personal Data
The Privacy Policy and additional provisions in these Ovi Service Terms govern use of
your personal data.
11. 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 or non-
infringement or implied warranties of 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 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.
© 2010 Nokia. All rights reserved.
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.
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
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