Nokia C5–03 User Manual page 74

74 Product and safety information
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
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 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.