terms of service on Share on Ovi

Terms of Service for Share on Ovi

These Service Terms together with the applicable Privacy Policy (collectively “Terms”) govern your use of the application or website where you accessed these Service Terms and the related Share on Ovi service (collectively "Service") and the Terms constitute an agreement between you and Nokia Inc. defining the rights and responsibilities of you and Nokia Inc. including its affiliates and suppliers (collectively “Nokia”) with respect to the Service. There may be additional conditions applicable to certain content or services accessible through the Service.

By using the Service you confirm that you agree to the Terms in their entirety. If you do not agree to the Terms you are not allowed to use the Service.

Eligibility
To use the Service, you must be at least thirteen years of age. If you are at least thirteen years of age but a minor where you live, you must have permission from your parent or legal guardian to use the Service.
Registration
You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Misleading information about your identity is forbidden.

When you register, you will need to create a username and a password. Later you may provide "guest secret words" to other users at your selection. You are personally responsible for any use of the Service with your username and password as well as with guest secret words you have provided. You agree to take due care in protecting your username and password as well as guest secret words against misuse by others and agree to promptly notify Nokia about any such misuse.

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 if it believes you have breached the Terms.
Usage
You may use the Service only for your private, non-commercial purposes. You must always comply with applicable laws.

You agree to:
- (1) use good judgement and exercise discretion in choosing appropriate subjects and subject matter for information, images, audio, text, messages, files, comments, posts, tags and other content (“Materials”) you submit to the Service;
- (2) respect the privacy of others by asking for and obtaining their consent to be photographed, recorded or videotaped, as well as for submission of such Materials to the Service;
- (3) obtain any consents, permissions or licenses that may be required for you to have the legal right to submit Materials;
- (4) submit no Materials that contain content that is unlawful, defamatory, offensive, abusive, libellous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or that encourages to any illegal activity, criminal offence or civil liability;
- (5) not submit a virus, Trojan horse, "sniffer" routine, backdoors, “robots”, “spiders”, worms, time bombs, bots, or other harmful software code, file, program or programming routine, or other contaminating or destructive features;
- (6) not impose an unreasonably large load on the Service or Nokia’s computer systems, or use a computer programming routine, file or device to damage or interfere with the operation of the Service.
- (7) comply with applicable export control laws and not to transfer or make available to a destination prohibited by such laws any content, software, encryption or materials subject to restrictions under such laws; and
- (8) submit no Materials containing advertisement or solicitation of business.
You further agree that:
- (1) your submitted Materials do not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others;
- (2) you will not spam Nokia or users of the Service;
- (3) you will not submit unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional Materials, "junk mail", "spam", pyramid schemes or any other such solicitations or communications;
- (4) you will not use or collect e-mail addresses, phone numbers, or information or postings in the Service;
- (5) you will not use the Service to perform data collection, extraction or mining or gain or attempt to gain unauthorized access to Nokia’s or any Service visitor’s computer system;
- (6) you will not use the Service to provide access to sexually oriented or adult content for commercial purposes;
- (7) you will not share sexually oriented or adult content in a public channel of the Service and that you will not allow any person under eighteen years of age to access any private channel you control that has sexually oriented or adult content;
- (8) you will preserve the integrity of all channels to which you submit Materials by submitting only Materials that are appropriate for the channel, based on relevant community standards for any given channel;
- (9) Nokia has no obligation to monitor any of the Materials, but may do so; and
- (10) Nokia may remove any Materials on any channel of the Service and restrict access to any channel of the Service at any time in its sole discretion.
In addition, you also agree to comply with any and all other conduct requirements set forth in other sections of the Terms.
Licenses
Nokia does not claim ownership in your Materials and your submitting of Materials to the Service does not transfer any ownership rights in the Materials to Nokia. Nokia provides content sharing services, and by using the Service, you hereby grant a license to Nokia in the Materials you post, which aids Nokia in providing the Service. The license you grant to Nokia is a worldwide license to use, copy, perform, display, and distribute the Materials you provide, and to prepare derivative works of, or incorporate into other works, your Materials. The license you provide to Nokia is non-exclusive, fully paid, royalty-free, perpetual and irrevocable and you agree to allow Nokia to grant and authorize sublicenses under the license (in other words, Nokia can sublicense the content to others under the license you provide to Nokia, but Nokia will only do so to promote and provide the Service, such as, for example, to other parties that aid Nokia in delivering the content electronically over networks). Nokia will only use the content in the course of providing or promoting the Service.

If you terminate your registration, your workspace and all channels you created will be deleted from the Service. Nokia will reasonably attempt to delete any Materials you provide in those channel(s) and your workspace. However, you acknowledge and agree that copies, derivatives of the Materials, or copies of such derivatives, may still reside within the Service, such as, for instance, backup copies. Also, in some circumstances, other users to which you provide access to Materials may cause copies or derivatives of that Materials to be created or transmitted, that later reside in multiple locations, within the Service or elsewhere. Nokia does not guarantee, nor is Nokia responsible for, removal of all traces of the Materials from the Service after you delete the Materials, or after your registration is terminated. Nokia is in no way responsible for the deletion of the copies of the Materials that reside outside of the Service.

Users of the Service are granted a non-exclusive, non-transferable, revocable license (revocable at the sole discretion of Nokia at any time) to access and use the Service strictly in accordance with the Terms. Subject to the license granted herein, Nokia retains all right, title and interest in the Service, and all of Nokia's products, software, and other properties provided to you or used by you through the Service.

You agree that your use of the Service does not grant you any intellectual property rights in any Materials accessible through the Service. You also agree that Nokia is not responsible in any way whatsoever, for protecting any intellectual property rights you may assert in your Materials. Furthermore, Nokia will not provide intellectual property notices or markings on any Materials you submit.
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. You may incur additional fees from the use of mobile and Internet services of your network service provider. Nokia assumes no responsibility for the payment of such fees.
Availability
The Service may not be available or may become unavailable 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 prevent your access to the Service or any part thereof if it believes you have breached the Terms.

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.
Community Voted Restrictions
Registered users of the Service may flag Materials they feel are inappropriate or offensive within the context of a particular channel and/or they believe are submitted against the Terms. Each time a flag is set, the channel owner is automatically notified. If the user that has submitted the Materials is not the same user as the channel owner, a copy of the notification will be sent to such user. The notification will not disclose the identity of the user who set the flag nor include the user's comments.

Nokia will review the flagged Materials after the first flag is set and remove the Materials that are clearly submitted against the Terms. Such Materials are identified in more detail in Share on Ovi Content Guidelines (you may ask for a copy of the guidelines by contacting Nokia). Nokia may revoke the set flag if it is clear that the flagged Material is not submitted against the Terms. If any Material is flagged by one or more users, it may be automatically removed from any particular channel or all channels, depending on the number of flags and the nature of the channels where it is available, by then current automated removal system. This policy is implemented automatically and consistently and does not reflect the opinions or view point of Nokia as to any particular Materials.

PLEASE NOTE: We urge you to exercise tolerance when using the flagging function and to only use it as is reasonably necessary to maintain the integrity of a channel. Any abuse of the function by you can result in the termination of your registration.
Sharing to Non-Registered Users
Registered users of the Service can grant non-registered users the right to view their private channel(s) by sending a "guest link" in an e-mail message through the sharing function of the Service. You acknowledge that the e-mail containing the guest link may be re-distributed, and all those who receive a forwarded copy of the e-mail have identical access abilities as the person to whom you initially granted access. You are responsible for the consequences and actions that may result or arise from anyone that views your private channel(s) via your guest link. You warrant and represent that you will exercise all necessary legal precautions to comply with any applicable law when using the sharing function.

PLEASE NOTE: If Nokia receives complaints regarding any guest link that you send or cause to be sent, Nokia may, at its sole discretion without prior notice to you and without limiting other actions, immediately disable channel(s) containing the offending Materials and prevent the offending "guest link" from being sent by you again.
Guest Secret Words
You agree that you are responsible for all Materials uploaded to your channels by other users using your guest secret word(s) and it is your responsibility to ensure that the submitted Materials are in accordance with the requirements set forth in the Terms.
Dealings with Others
You may interact with other users on or through the Service. Other users may also add unfavourable comments or Materials to the Service that identify your Materials or are displayed in connection with your Materials. You agree that those interactions, comments and Materials do not involve Nokia and are solely between you and the other user(s).
Policy Regarding Allegations of Copyright Infringement
Nokia responds to notices of alleged copyright infringement in a manner compliant with the Digital Millennium Copyright Act. To provide or respond to notices of copyright infringement, you will need to take the following steps:

NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you have a "good faith" belief that Materials provided on the Service infringes your rights, and you wish for Nokia to address the accused infringing Materials, you must first provide the following information in the manner described in lines (1)-(7), which you can provide in a document entitled "Notification":
- (1) Identify the copyright work you claim is infringed. What is the original copyright work you claim is infringed?
- (2) Identify the Materials that you claim is infringing the copyright work. You also need to provide enough information for Nokia to locate the accused Materials on the Service.
- (3) Provide your contact information, including 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 Materials 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."
- (6) Provide your signature on the Notification (or an electronic signature).
- (7) Send your Notification to Nokia’s Designated Agent address at:
  
  Nokia, Inc.
  Designated Agent
  550 Kirkland Way Suite 100
  Kirkland WA, 98033

Or contact us reporting copyright violation.

(1) Identify the Materials that has been removed or to which access has been disabled.
(2) Provide this statement: "I swear under penalty of perjury that I have a good faith belief that the content removed or disabled was the result of a mistake or misidentification of the content."
(3) Provide your name, address and telephone number and email address (if available).
(4) Provide this statement: "I consent to the jurisdiction of the Federal District court for the judicial district in which the address (above) is located, or if my address is outside the United States, the Western District of Washington State, USA, and I will accept service of process from the person who provided the notification/complaint or that person's agent."
(5) Sign the document (or provide an electronic signature).
(6) Send the Counter Notification to Nokia’s Designated Agent at

Nokia, Inc.
Designated Agent
550 Kirkland Way Suite 100
Kirkland WA, 98033

Or contact us reporting copyright violation.

Personal Data
The Privacy Policy and additional provisions in the Terms govern use of your personal data.

As explained in more detail in the Privacy Policy, your personal data may be processed for the following purposes: to manage your account and identify you; to provide you with products and services you request or as otherwise may be necessary for the performance of the contract between you and Nokia Inc.; to ensure the functionality and security of Nokia’s services and of other users of Nokia’s service and to prevent fraud and other misuse; to improve Nokia products and services; to communicate with you (about, for example, important information relating to Nokia’s products and services or to inform you of new products and services or conduct market research); to personalize Nokia’s offering; to comply with mandatory legal requirements and in connection with law enforcement, civil or criminal legal proceedings.

Nokia may combine your personal data relating to your account with other personal data Nokia may have, provided that the data was collected for the same purposes.

Nokia Inc. does not disclose your personal data to unauthorized third parties without your separate consent. However, Nokia Inc. may use other Nokia entities and authorized service providers to provide Nokia’s products and services on Nokia Inc’s behalf and Nokia Inc. may transfer your data to such parties to the extent necessary for that purpose.

Transfers of your personal data as described above may include transfers or disclosures outside the European Economic Area and in the United States of America or other regions where adequate protection for your personal data may not be guaranteed. In such a case Nokia takes appropriate measures to provide adequate protection for your personal data.

If Nokia decides to sell, buy, merge or otherwise reorganise its businesses in some countries, this may involve Nokia disclosing personal data to prospective or actual purchasers, or receiving it from sellers, or their advisers.

Nokia encourages you to manage your profile in the Service as it allows you to determine how your personal data, such as your email address, mobile phone number, user name and other such information collected during your registration or that you add to your profile are visible to other users of the Service. For example, you may add voluntary profile information to your profile, such as your location, occupation and other such information that may be relevant for social networking purposes or you have the option to only display your user name on the Service.

If you want to access, update or delete any personal data, or you want Nokia to stop processing your personal data for marketing purposes, contact Nokia.

Your personal data relating to your account is controlled by Nokia Inc., 550 Kirkland Way Suite 100, Kirkland WA, 98033 .
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 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, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE EXCLUSIONS OR LIMITATIONS IN THE TERMS MAY NOT APPLY TO YOU. THE LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NOKIA, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS 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 POSSIBLE BY YOUR FAILURE TO TAKE REASONABLE MEASURES TO PROTECT YOUR USERNAME AND PASSWORD AGAINST MISUSE OR BY YOU GRANTING GUEST SECRET WORD TO SUCH THIRD PARTY.
Miscellaneous

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 and all claims, except claims for monies due to Nokia, arising out of or relating to the purchase of products, content or services by you shall be barred unless an action or legal proceeding is commenced within eighteen (18) months after the date you or Nokia knew or should have known of the facts giving rise to such claim. Any dispute relating in any way to your use of the Service, or your Materials, product or service order from the Service, shall be submitted (together with any counterclaims and disputes under or in connection with other transactions or agreements between you and Nokia) to final and binding, confidential arbitration in Westchester County, New York, except that Nokia may seek injunctive or other appropriate 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”) (except as such rules may be modified by the provisions of the Terms), Each Party shall submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed in such proceeding shall be barred. Subject to any terms contained in the Terms limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including without limitation equitable relief, provided that no award of exemplary, special, consequential or punitive damages shall be permitted. The prevailing party, as determined by the arbitrator, shall pay the AAA arbitration fees and the arbitrator's fees and expenses, as applicable. The arbitrator's award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. To the fullest extent permitted by applicable law, the arbitration shall be conducted on an individual, not a class-wide basis, and no arbitration under the Terms shall be consolidated with or joined to an arbitration involving any other person or entity, whether through class arbitration proceedings or otherwise, without the prior written consent of you and Nokia.
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 Service Terms and Privacy Policy, the provisions of these Service Terms shall prevail. The provisions of the Terms that are intended to survive termination shall remain valid after any termination.
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.
Links to Third Party Sites and Materials
For your easy accessibility Nokia may include links to sites on the Internet that are owned or operated by third parties. Upon following a link to such 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.

Users may create links within the Service to outside online material that has not otherwise been submitted to the Service. You agree that Nokia is neither responsible for nor liable for any materials accessible through the Service, including without limitation outside online materials.
Intellectual Property Notices
The marks Nokia, Ovi and TWANGO and the design(s) and stylizations associated therewith are the properties of Nokia Corporation and/or its affiliates, in the USA and elsewhere. The site(s) of the Service and related software are protected under US and international copyright laws and you are hereby notified that copyrights are claimed by Nokia Corporation and/or its affiliates. You agree to abide by any and all copyright notices displayed on the Service. You also agree not to attempt to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.

Terms of Service for Share on Ovi

Eligibility

Registration

Usage

Licenses

Fees

Availability

Community Voted Restrictions

Sharing to Non-Registered Users

Guest Secret Words

Dealings with Others

Policy Regarding Allegations of Copyright Infringement

Personal Data

Limitation of Liability

Indemnification

Miscellaneous

Choice of Law and Arbitration

Validity

Changes in Terms

Links to Third Party Sites and Materials

Intellectual Property Notices